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THE COVENANT OF THE LEAGUE OF NATIONS.
THE HIGH CONTRACTING PARTIES, In order to promote international
co-operation and to achieve international peace and security by
the
acceptance of obligations not to resort to war by the prescription
of open, just and honourable relations between nations by the
firm
establishment of the understandings of international law as the
actual rule of conduct among Governments, and by the maintenance
of
justice and a scrupulous respect for all treaty obligations in
the
dealings of organised peoples with one another Agree to this
Covenant of the League of Nations.
ARTICLE I.
The original Members of the League of Nations shall be those
of the
Signatories which are named in the Annex to this Covenant and
also
such of those other States named in the Annex as shall accede
without reservation to this Covenant. Such accession shall be
effected by a Declaration deposited with the Secretariat within
two
months of the coming into force of the Covenant Notice thereof
shall be sent to all other Members of the League. Any fully
self-governing State, Dominion, or Colony not named in the Annex
may become a Member of the League if its admission is agreed to
by
two-thirds of the Assembly provided that it shall give effective
guarantees of its sincere intention to observe its international
obligations, and shall accept such regulations as may be prescribed
by the League in regard to its military, naval, and air forces
and
armaments.Any Member of the League may, after two years' notice
of
its intention so to do, withdraw from the League, provided that
all
its international obligations and all its obligations under this
Covenant shall have been fulfilled at the time of its withdrawal.
ARTICLE 2.
The action of the League under this Covenant shall be effected
through the instrumentality of an Assembly and of a Council, with
a
permanent Secretariat.
ARTICLE 3.
The Assembly shall consist of Representatives of the Members
of the
League. The Assembly shall meet at stated intervals and from time
to time as occasion may require at the Seat of the League or at
such other place as may be decided upon.The Assembly may deal
at
its meetings with any matter within the sphere of action of the
League or affecting the peace of the world. At meetings of the
Assembly each Member of the League shall have one vote, and may
not
have more than three Representatives.
ARTICLE 4.
The Council shall consist of Representatives of the Principal
Allied and Associated Powers, together with Representatives of
four
other Members of the League. These four Members of the League
shall
be selected by the Assembly from time to time in its discretion.
Until the appointment of the Representatives of the four Members
of
the League first selected by the Assembly, Representatives of
Belgium, Brazil, Spain, and Greece shall be members of the Council.
With the approval of the majority of the Assembly, the Council
may
name additional Members of the League whose Representatives shall
always be members of the Council; the Council with like approval
may increase the number of Members of the League to be selected
by
the Assembly for representation on the Council. The Council shall
meet from time to time as occasion may require, and at least once
a
year, at the Seat of the League, or at such other place as may
be
decided upon. The Council may deal at its meetings with any matter
within the sphere of action of the League or affecting the peace
of
the world. Any Member of the League not represented on the Council
shall be invited to send a Representative to sit as a member at
any
meeting of the Council during the consideration of matters
specially affecting the interests of that Member of the League.
At
meetings of the Council, each Member of the League represented
on
the Council shall have one vote, and may have not more than one
Representative.
ARTICLE 5.
Except where otherwise expressly provided in this Covenant
or by
the terms of the present Treaty, decisions at any meeting of the
Assembly or of the Council shall require the agreement of all
the
Members of the League represented at the meeting. All matters
of
procedure at meetings of the Assembly or of the Council, including
the appointment of Committees to investigate particular matters,
shall be regulated by the Assembly or by the Council and may be
decided by a majority of the Members of the League represented
at
the meeting. The first meeting of the Assembly and the first
meeting of the Council shall be summoned by the President of the
United States of America.
ARTICLE 6.
The permanent Secretariat shall be established at the Seat
of the
League. The Secretariat shall comprise a Secretary General and
such
secretaries and staff as may be required.The first Secretary
General shall be the person named in the Annex; thereafter the
Secretary General shall be appointed by the Council with the
approval of the majority of the Assembly.The secretaries and staff
of the Secretariat shall be appointed by the Secretary General
with
the approval of the Council.The Secretary General shall act in
that
capacity at all meetings qf the Assembly and of the Council.The
expenses of the Secretariat shall be borne by the Members of the
League in accordance with the apportionment of the expenses of
the
International Bureau of the Universal Postal Union.
ARTICLE 7.
The Seat of the League is established at Geneva. The Council
may at
any time decide that the Seat of the League shall be established
elsewhere. All positions under or in connection with the League,
including he Secretariat, shall be open equally to men and women.
Representatives of the Members of the League and officials of
he
League when engaged on the business of the League shall enjoy
diplomatic privileges and immunities.The buildings and other
property occupied by the League or its officials or by
Representatives attending its meetings sha11 be inviolable.
ARTICLE 8.
The Members of the League recognise that the maintenance of
peace
requires the reduction of national armaments to the lowest point
consistent with national safety and the enforcement by common
action of international obligations. The Council, taking account
of
the geographical situation and circumstances of each State, shall
formulate plans for such reduction for the consideration and action
of the several Governments. Such plans shall be subject to
reconsideration and revision at least every ten years. After these
plans shall have been adopted by the several Governments, the
limits of armaments therein fixed shall not be exceeded without
the
concurrence of the Council. The Members of the League agree that
the manufacture by private enterprise of munitions and implements
of war is open to grave objections. The Council shall advise how
the evil effects attendant upon such manufacture can be prevented,
due regard being had to the necessities of those Members of the
League which are not able to manufacture the munitions and
implements of war necessary for their safety. The Members of the
League undertake to interchange full and frank information as
to
the scale of their armaments, their military, naval, and air
programmes and the condition of such of their industries as are
adaptable to war-like purposes.
ARTICLE 9.
A permanent Commission shall be constituted to advise the Council
on the execution of the provisions of Articles 1 and 8 and on
military, naval, and air questions generally.
ARTICLE 10.
The Members of the League undertake to respect and preserve
as
against external aggression the territorial integrity and existing
political independence of all Members of the League. In case of
any
such aggression or in case of any threat or danger of such
aggression the Council shall advise upon the means by which this
obligation shall be fulfilled.
ARTICLE 11.
Any war or threat of war, whether immediately affecting any
of the
Members of the League or not, is hereby declared a matter of
concern to the whole League, and the League shall take any action
tnat may be deemed wise and effectual to safeguard the peace of
nations. In case any such emergency should arise the Secretary
General shall on the request of any Member of the League forthwith
summon a meeting of the Council. It is also declared to be the
friendly right of each Member of the League to bring to the
attention of the Assembly or of the Council any circumstance
whatever affecting international relations which threatens to
disturb international peace or the good understanding between
nations upon which peace depends.
ARTICLE 12.
The Members of the League agree that if there should arise
between
them any dispute likely to lead to a rupture, they will submit
the
matter either to arbitration or to inquiry by the Council, and
they
agree in no case to resort to war until three months after the
award by the arbitrators or the report by the Council. In any
case
under this Article the award of the arbitrators shall be made
within a reasonable time, and the report of the Council shall
be
made within six months after the submission of the dispute.
ARTICLE 13.
The Members of the League agree that whenever any dispute shall
arise between them which they recognise to be suitable for
submission to arbitration and which cannot be satisfactorily
settled by diplomacy, they will submit the whole subject-matter
to
arbitration. Disputes as to the interpretation of a treaty, as
to
any question of international law, as to the existence of any
fact
which if established would constitute a breach of any international
obligation, or as to the extent and nature of the reparation to
be
made or any such breach, are declared to be among those which
are
generally suitable for submission to arbitration. For the
consideration of any such dispute the court of arbitraion to which
the case is referred shall be the Court agreed on by the parties
to
the dispute or stipulated in any convention existing between them.
The Members of the League agree that they will carry out in full
good faith any award that may be rendered, and that they will
not
resort to war against a Member of the League which complies
therewith. In the event of any failure to carry out such an award,
the Council shall propose what steps should be taken to give effect
thereto.
ARTICLE 14.
The Council shall formulate and submit to the Members of the
League
for adoption plans for the establishment of a Permanent Court
of
International Justice. The Court shall be competent to hear and
determine any dispute of an international character which the
parties thereto submit to it. The Court may also give an advisory
opinion upon any dispute or question referred to it by the Council
or by the Assembly.
ARTICLE 15.
If there should arise between Members of the League any dispute
likely to lead to a rupture, which is not submitted to arbitration
in accordance with Article 13, the Members of the League agree
that
they will submit the matter to the Council. Any party to the
dispute may effect such submission by giving notice of the
existence of the dispute to the Secretary General, who will make
all necessary arrangements for a full investigation and conside
ation thereof. For this purpose the parties to the dispute will
communicate to the Secretary General, as promptly as possible,
statements of their case with all the relevant facts and papers,
and the Council may forthwith direct the publication thereof.
The
Council shall endeavour to effect a settlement of the dispute,
and
if such efforts are successful, a statement shall be made public
giving such facts and explanations regarding the dispute and the
terms of settlement thereof as the Council may deem appropriate.
If
the dispute is not thus settled, the Council either unanimously
or
by a majority vote shall make and publish a report containing
a
statement of the facts of the dispute and the recommendations
which
are deemed just and proper in regard thereto Any Member of the
League represented on the Council may make public a statement
of
the facts of the dispute and of its conclusions regarding the
same.
If a report by the Council is unanimously agreed to by the members
thereof other than the Representatives of one or more of the
parties to the dispute, the Members of the League agree that they
will not go to war with any party to the dispute which complies
with the recommendations of the report. If the Council fails to
reach a report which is unanim~usly agreed to by the members
thereof, other than the Representatives of one or more of the
parties to the dispute, the Members of the League reserve to
themselves the right to take such action as they shall consider
necessary for the maintenance of right and justice. If the dispute
between the parties is claimed by one of them, and is found by
the
Council, to arise out of a matter which by international law is
solely within the domestic jurisdiction of that party, the Council
shall so report, and shall make no recommendation as to its
settlement. The Council may in any case under this Article refer
the dispute to the Assembly. The dispute shall be so referred
at
the request of either party to the dispute, provided that such
request be made within fourteen days after the submission of the
dispute to the Council. In any case referred to the Assembly,
all
the provisions of this Article and of Article 12 relating to the
action and powers of the Council shall apply to the action and
powers of the Assembly, provided that a report made by the
Assembly, if concurred in by the Representatives of those Members
of the League represented on the Council and of a majority of
the
other Members of the League, exclusive in each case of the
Rpresentatives of the parties to the dispute shall have the same
force as a report by the Council concurred in by all the members
thereof other than the Representatives of one or more of the
parties to the dispute.
ARTICLE 16.
Should any Member of the League resort to war in disregard
of its
covenants under Articles 12, 13, or 15, it shall ipso facto be
deemed to have committed an act of war against all other Members
of
the League, which hereby undertake immediately to subject it to
the
severance of all trade or financial relations, the prohibition
of
all intercourse between their nations and the nationals of the
covenant-breaking State, and the prevention of all financial,
commercial, or personal intercourse between the nationals of the
covenant-breaking State and the nationals of any other State,
whether a Member of the League or not. It shall be the duty of
the
Council in such case to recommend to the several Governments
concerned what effective military, naval, or air force the Members
of the League shall severally contribute to the armed forces to
be
used to protect the covenants of the League. The Members of the
League agree, further, that they will mutually support one another
in the financial and economic measures which are taken under this
Article, in order to minimise the loss and inconvenience resulting
from the above measures, and that they will mutually support one
another in resisting any special measures aimed at one of their
number by the covenantbreaking State, and that they will take
the
necessary steps to afford passage through their territory to the
forces of any of the Members of the League which are co-operating
to protect the covenants of the League. Any Member of the League
which has violated any covenant of the League may be declared
to be
no longer a Member of the League by a vote of the Council concurred
in by the Representatives of all the other Members of the League
represented thereon.
ARTICLE 17.
In the event of a dispute between a Member of the League and
a
State which is not a Member of the League, or between States not
Members of the League, the State or States, not Members of the
League shall be invited to accept the obligations of membership
in
the League for the purposes of such dispute, upon such conditions
as the Council may deem just. If such invitation is accepted,
the
provisions of Articles 12 to I6 inclusive shall be applied with
such modifications as may be deemed necessary by the Council.
Upon
such invitation being given the Council shall immediately institute
an inquiry into the circumstances of the dispute and recommend
such
action as may seem best and most effectual in the circumstances.If
a State so invited shall refuse to accept the obligations of
membership in the League for the purposes of such dispute, and
shall resort to war against a Member of the League, the provisions
of Article 16 shall be applicable as against the State taking
such
action. If both parties to the dispute when so invited refuse
to
accept the obligations of membership in the League for the purpose
of such dispute, the Council may take such measures and make such
recommendations as will prevent hostilities and will result in
the
settlement of the dispute.
ARTICLE 18.
Every treaty or international engagement entered into hereafter
by
any Member of the League shall be forthwith registered with the
Secretariat and shall as soon as possible be published by it.
No
such treaty or international engagement shall be binding until
so
registered.
ARTICLE 19.
The Assembly may from time to time advise the reconsideration
by
Members of the League of treaties which have become inapplicable
and the consideration of international conditions whose continuance
might endanger the peace of the world.
ARTICLE 20.
The Members of the League severally agree that this Covenant
is
accepted as abrogating all obligations or understandings inter
se
which are inconsistent with the terms thereof, and solemnly
undertake that they will not hereafter enter into any engagements
inconsistent with the terms thereof. In case any Member of the
League shall, before becoming a Member of the League, have
undertaken any obligations inconsistent with the terms of this
Covenant, it shall be the duty of such Member to take immediate
steps to procure its release from such obligations.
ARTICLE 21.
Nothing in this Covenant shall be deemed to affect the validity
of
international engagements, such as treaties of arbitration or
regional understandings like the Monroe doctrine, for securing
the
maintenance of peace.
ARTICLE 22.
To those colonies and territories which as a consequence of
the
late war have ceased to be under the sovereignty of the States
which formerly governed them and which are inhabited by peoples
not
yet able to stand by themselves under the strenuous conditions
of
the modern world, there should be applied the principle that the
well-being and development of such peoples form a sacred trust
of
civilisation and that securities for the performance of this trust
should be embodied in this Covenant. The best method of giving
practical effect to this principle is that the tutelage of such
peoples should be entrusted to advanced nations who by reason
of
their resources, their experience or their geographical position
can best undertake this responsibility, and who are willing to
accept it, and that this tutelage should be exercised by them
as
Mandatories on behalf of the League. The character of the mandate
must differ according to the stage of the development of the
people, the geographical situation of the territory, its economic
conditions, and other similar circumstances. Certain communities
formerly belonging to the Turkish Empire have reached a stage
of
development where their existence as independent nations can be
provisionally recognised subject to the rendering of administrative
advice and assistance by a Mandatory until such time as they are
able to stand alone. The wishes of these communities must be a
principal consideration in the selection of the Mandatory. Other
peoples, especially those of Central Africa, are at such a stage
that the Mandatory must be responsible for the administration
of
the territory under conditions which will guarantee freedom of
conscience and religion, subject only to the maintenance of public
order and morals, the prohibition of abuses such as the slave
trade, the arms traffic, and the liquor traffic, and the prevention
of the establishment of fortifications or military and naval bases
and of military training of the natives for other than police
purposes and the defence of territory, and will also secure equal
opportunities for the trade and commerce of other Members of the
League. There are territories, such as South-West Africa and
certain of the South Pacific Islands, which, owing to the
sparseness of their population, or their small size, or their
remoteness from the centres of civilisation, or their geographical
contiguity to the territory of the Mandatory, and other
circumstances, can be best administered under the laws of the
Mandatory as integral portions of its territory, subject to the
safeguards above mentioned in the interests of the indigenous
population. In every case of mandate, the Mandatory shall render
to
the Council an annual report in reference to the territory
committed to its charge. The degree of authority, control, or
administration to be exercised by the Mandatory shall, if not
previously agreed upon by the Members of the League, be explicitly
defined in each case by the Council. A permanent Commission shall
be constituted to receive and examine the annual reports of the
Mandatories and to advise the Council on all matters relating
to
the observance of the mandates.
ARTICLE 23.
Subject to and in accordance with the provisions of international
conventions existing or hereafter to be agreed upon, the Members
of
the League: (a) will endeavour to secure and maintain fair and
humane conditions of labour for men, women, and children, both
in
their own countries and in all countries to which their commercial
and industrial relations extend, and for that purpose will
establish and maintain the necessary international organisations;
(b) undertake to secure just treatment of the native inhabitants
of
territories under their control; (c) will entrust the League with
the general supervision over the execution of agreements with
regard to the traffic in women and children, and the traffic in
opium and other dangerous drugs; (d) will entrust the League with
the general supervision of the trade in arms and ammunition with
the countries in which the control of this traffic is necessary
in
the common interest; (e) will make provision to secure and maintain
freedom of communications and of transit and equitable treatment
for the commerce of all Members of the League. In this connection,
the special necessities of the regions devastated during the war
of
1914-1918 shall be borne in mind; (f) will endeavour to take steps
in matters of international concern for the prevention and control
of disease.
ARTICLE 24.
There shall be placed under the direction of the League all
international bureaux already established by general treaties
if
the parties to such treaties consent. All such international
bureaux and all commissions for the regulation of matters of
international interest hereafter constituted shall be placed under
the direction of the League. In all matters of international
interest which are regulated by general conventions but which
are
not placed under the control of international bureaux or
commissions, the Secretariat of the League shall, subject to the
consent of the Council and if desired by the parties, collect
and
distribute all relevant information and shall render any other
assistance which may be necessary or desirable. The Council may
include as part of the expenses of the Secretariat the expenses
of
any bureau or commission which is placed under the direction of
the
League.
ARTICLE 25.
The Members of the League agree to encourage and promote the
establishment and co-operation of duly authorised voluntary
national Red Cross organisations having as purposes the improvement
of health, the prevention of disease, and the mitigation of
suffering throughout the world.
ARTICLE 26.
Amendments to this Covenant will take effect when ratified
by the
Members of the League whose representatives compose the Council
and
by a majority of the Members of the League whose Representatives
compose the Assembly. No such amendment shall bind any Member
of
the League which signifies its dissent therefrom, but in that
case
it shall cease to be a Memb,er of the League.
ANNEX.
I. ORIGINAL MEMRERS OF THE LEAGUE OF NATIONS SIGNATORIES OF THE
TREATY OF PEACE.
UNITED STATES OF AMERICA, BELGIUM, BOLIVIA, BRAZIL, BRITISH
EUPIRE,
CANADA, AUSTRALIA, SOUTH AFRICA, NEW ZEALAND, INDIA, CHINA, CUBA,
ECUADOR, FRANCE, GREECE, GUATEMALA, HAITI, HEDJAZ, HONDURAS, ITALY,
JAPAN, LIBERIA, NICARAGUA, PANAMA, PERU, POLAND, PORTUGAL,
ROUMANIA, SERB-CROAT-SLOVENE STATE, SIAM, CZECHO-SLOVAKIA, URUGUAY
STATES INVITED TO ACCEDE TO THE COVENANT.
ARGENTINE REPUBLIC, CHILE, COLOMBIA, DENMARK, NETHERLANDS,
NORWAY,
PARAGUAY, PERSIA, SALVADOR, SPAIN, SWEDEN, SWITZERLAND, VENEZUELA.
II. FIRST SECRETARY GENERAL OF THE LEAGUE OF NATION5.
The Honourable Sir James Eric Drummond, K.C.M.G., C.B.
PART II.
BOUNDARIES OF GERMANY.
ARTICLE 27.
The boundaries of Germany will be determined as follows:
1. With Belgium:
From the point common to the three frontiers of Belgium, Holland, and Germany and in a southerly direction: the north-eastern boundary of the former territory of ne~tral Moresnet' then the eastern boundary of the Kreis of Eupen, then the frontier between Belgium and the Kreis of Montjoie, then the northeastern and eastern boundary of the Kreis of Malmedy to its junction with the frontier of Luxemburg.
2. With Luxemburg:
The frontier of August 3, 1914, to its junction with the frontier of France of the 18th July, 1870.
3. With France:
The frontier of July 18, 1870, from Luxemburg to Switzerland with the reservations made in Article 48 of Section IV (Saar Basin) of Part III.
4. With Switzerland:
The present frontier.
5. With Austria.
The frontier of August 3, 1914, from Switzerland to CzechoSlovakia as hereinafter defined.
6. With Czecho-Slovakia:
The frontier of August 3, 1914, between Germany and Austria from its junction with the old administrative boundary separating Bohemia and the province of Upper Austria to the point north of the salient of the old province of Austrian Silesia situated at about 8 kilometres east of Neustadt.
7. With Poland:
From the point defined above to a point to be fixed on the ground about 2 kilometres east of Lorzendorf: the fronticr as it will be fixed in accordance with Article 88 of the present Treaty; thence in a northerly direction to the point where the administrative boundary of Posnania crosses the river Bartsch: a line to be fixed on the ground leaving the following placcs in Poland: Skorischau, Reichthal, Trembatschau, Kunzendorf, Schleise, Gross Koscl, Schreibersdorf, Rippin, Furstlich-Niefken, Pawelau, Tscheschen, Konradau, Johallnisdorf, Modzenowe, Bogdaj, and in Gerrmany: Lorzendorf, Kaulwitz, Glausche, Dalbersdorf, Reesewitz, Stradam, Gross Wartenberg, Kraschen, Neu Mittelwalde, Domaslawitz, Wedelsdorf, Tscheschen Hammer; thence the administrative boundary of Posnania northwestwards to the point where it cuts the Rawitsch-Herrnstadt railway; thence to the point where the administrative boundary of Posnania cuts the Reisen-Tschirnau road: a line to be fixed on the ground passing west of Triebusch and Gabel and east of Saborwitz; thence the administrative boundary of Posnania to its junction with the eastern administrative boundary of the Kreis of Fraustadt; thence in a north-westerly direction to a point to be chosen on the road between the villages of Unruhstadt and Kopnitz: a line to be fixed on the ground passing west of Geyersdorf, Brenno, Fehlen, Altkloster, Klebel, and east of Ulbersdorf, Buchwald, Ilgen,Weine, Lupitze, Schwenten: thence in a northerly direction to the northernmost point of Lake Chlop: a line to be fixed on the ground following the median line of the lakes; the town and the station of Bentschen however (including the junction of the lines Schwiebus-Bentschen and Zullichau-Bentschen) remaining in Polish territory; thence in a north-easterly direction to the point of junction of the boundaries of the Kreise of Schwerin, Birnbaum, and Meseritz: a line to be fixed on the ground passing east of Betsche; thence in a northerly direction the boundary separating the Kreise of Schwerin and Birnbaum, then in an easterly direction the northern boundary of Posnania to the point where it cuts the river Netze; thence upstream to its confluence with the Kaddow: the course of the Netze; thence upstream to a point to be chosen about 6 kilometres southeast of Schneidemuhl: the course of the Kuddow; thence north-eastwards to the most southern point of the reentant of the northern boundary of Posnania about 5 kilometres west of Stahren: a line to be fixed on the ground leaving the SchneidemuhlKonitz railway in this area entirely in German territory; thence the boundary of Posnania north-eastwards to the point of the salient it makes about 15 kilometres east of Flatow; thence north-eastwards to the point where the river Kamionka meets the southern boundary of the Kreis of Konitz about 3 kilometres north-east of Grunau: a line to be fixed on the ground leaving the following places to Poland: Jasdrowo, Gr. Lutau, Kl. Lutau, Wittkau, and to Germany: Gr. Butzig, Cziskowo, Battrow, Bock, Grunau; thence in a northerly direction the boundary between the Kreise of Konitz and Schlochau to the point where this boundary cuts the river Brahe; thence to a point on the boundary of Pomerania 15 kilometres east of Rummelsburg: a line to be fixed on the ground leaving the following places in Poland: Konarzin, Kelpin, Adl. Briesen, and in Germany: Sampohl, Neuguth, Steinfort, Gr. Peterkau; then the boundary of Pomerania in an easterly direction to its junction with the boundary between the Kreise of Konitz and Schlochau; thence northwards the boundary between Pomerania and West Prussia to the point on the river Rheda about 3 kilometres northwest of Gohra where that river is joined by a tributary from the north-west; thence to a point to be selected in the bend of the Piasnitz river about 1 1/2 kilometres north-west of Warschkau: a line to be fixed on the ground; thence this river downstream, then the median line of Lake Zarnowitz, then the old boundary of West Prussia to the Baltic Sea. 8. With Denmark:
The frontier as it will be fixed in accordance with Articles 109 to III of Part III, Section XII (Schleswig).
ARTICLE 28.
The boundaries of East Prussia, with the reservations made in Section IX (East Prussia) of Part III, will be determined as follows: from a point on the coast of the Baltic Sea about 1 1/2 kilometres north of Probbernau church in a direction of about 159° East from true North: a line to be fixed on the ground for about 2 kilometres; thence in a straight line to the light at the bend of the Elbing Channel in approximately latitude 54° 19 1/2' North, longitude 19° 26' East of Greenwich; thence to the easternmost mouth of the Nogat River at a bearing of approximately 209° East from true North; thence up the course of the Nogat River to the point where the latter leaves the Vistula (Weichsel);thence up the principal channel of navigation of the Vistula, then the southern boundary of the Kreis of Marienwerder, then that of the Kreis of Rosenberg eastwards to the point where it meets the old boundary of East Prussia, thence the old boundary between East and West Prussia, then the boundary between the Kreise of Osterode and Neidenburg, then the course of the river Skottau downstream, then the course of the Neide upstream to a point situated about 5 kilometres west of Bialutten being the nearest point to the old frontier of Russia; thence in an easterly direction to a point immediately south of the intersection of the road Neidenburg-Mlava with the old frontier of Russia: a line to be fixed on the ground passing north of Bialutten; thence the old frontier of Russia to a point east of Schmalleningken, then the principal channel of navigation of the Niemen (Memel) downstream, then the Skierwieth arm of the delta to the Kurisches Haff; thence a straight line to the point where the eastern shore of the Kurische Nehrung meets the administrative boundary about 4 kilometres south-west of Nidden; thence this administrative boundary to the western shore of the Kurische Nehrung.
ARTICLE 29.
The boundaries as described above are drawn in red on a one-in-a-million map which is annexed to the present Treaty (Map No. 1). [See Introduction.] In the case of any discrepancies between the text of the Treaty and this map or any other map which may be annexed, the text will be final.
ARTICLE 30.
In the case of boundaries which are defined by a waterway, the terms "course" and "channel" used in the present Treaty signify: in the case of non-navigable rivers, the median line of the waterway or of its principal arm, and, in the case of navigable rivers, the median line of the principal channel of navigation It will rest with the Boundary Commissions provided by the present Treaty to specify in each case whether the frontier line shall follow any changes of the course or channel which may take place or whether it shall be definitely fixed by the position of the course or channel at the time when the present Treaty comes into force.
ARTICLE 31 .
Germany, recognising that the Treaties of April 19, 1839, which
established the
status of Belgium before the war, no longer conform to the requirements
of the
situation, consents to the abrogation of the said Treaties and
undertakes
immediately to recognise and to observe whatever conventions may
be entered into
by the Principal Allied and Associated Powers, or by any of them,
in concert with
the Governments of Belgium and of the Netherlands, to replace
the said Treaties
of 1839. If her formal adhesions should be required to such conventions
or to any
of their stipulations, Germany undertakes immediately to give
it.
ARTICLE 32.
Germany recognises the full sovereignty of Belgium over the
whole of the
contested territory of Moresnet (called Moresnet neutre).
ARTICLE 33
Germany renounces in favour of Belgium all rights and title
over the territory of
Prussian Moresnet situated on the west of the road from Liege
to Aix-la-Chapelle;
the road will belong to Belgium where it bounds this territory.
ARTICLE 34
Germany renounces in favour of Belgium all rights and title
over the territory
comprising the whole of the Kreise of Eupen and of Malmedy. During
the six
months after the coming into force of this Treaty, registers will
be opened by
the Belgian authority at Eupen and Malmedy in which the inhabitants
of the above
territory will be entitled to record in writing a desire to see
the whole or part
of it remain under German sovereignty. The results of this public
expression of
opinion will be communicated by the Belgian Government to the
League of Nations,
and Belgium undertakes to accept the decision of the League.
ARTICLE 35 .
A Commission of seven persons, five of whom will be appointed
by the Principal
Allied and Associated Powers, one by Germany and one by Belgium,
will be set up
fifteen days after the coming into force of the present Treaty
to settle on the
spot the new frontier line between Belgium and Germany, taking
into account the
economic factors and the means of communication. Decisions will
be taken by a
majority and will be binding on the parties concerned.
ARTICLE 36.
When the transfer of the sovereignty over the territories referred
to above has
become definite, German nationals habitually resident in the territories
will
definitively acquire Belgian nationality ipso facto, and will
lose their German
nationality. Nevertheless, German nationals who became resident
in the
territories after August 1, 1914, shall not obtain Belgian nationality
without a
permit from the Belgian Government.
ARTICLE 37.
Within the two years following the definitive transfer of the
sovereignty over
the territories assigned to Belgium under the present Treaty,
German nationals
over 18 years of age habitually resident in those territories
will be entitled to
opt for German nationality. Option by a husband will cover his
wife, and option
by parents will cover their children under 18 years of age. Persons
who have
exercised the above right to opt must within the ensuing twelve
months transfer
their place of residence to Germany. They will be entitled to
retain their
immovable property in the territories acquired by Belgium. They
may carry with
them their movable property of every description. No export or
import duties may
be imposed upon them in connection with the removal of such property.
ARTICLE 38.
The German Government will hand over without delay to the Belgian
Government the
archives, registers, plans, title deeds and documents of every
kind concerning
the civil, military, financial, judicial or other administrations
in the
territory transferred to Belgian sovereignty. The German Government
will
likewise restore to the Belgian Government the archives and documents
of every
kind carried off during the war by the German authorities from
the Belgian public
administrations, in particular from the Ministry of Foreign Affairs
at Brussels.
ARTICLE 39.
The proportion and nature of the financial liabilities of Germany
and of Prussia
with Belgium will have to bear on account of the territories ceded
to her shall
be fixed in conformity with Articles 254 and 256 of Part IX (Financial
Clauses)
of the present Treaty.
SECTION ll.
LUXEMBURG.
ARTICLE 40.
With regard to the Grand Duchy of Luxemburg, Germany renounces
the benefit of all
the provisions inserted in her favour in the Treaties of February
8, 1842, April
2, 1847, October 20-25, 1865, August 18, 1866, February 21 and
May 11, 1867, May
10, 1871, June 11, 1872, and November 11, 1902, and in all Conventions
consequent
upon such Treaties. Germany recognises that the Grand Duchy of
Luxemburg ceased
to form part of the German Zollverein as from January 1, 1919,
renounces all
rights to the exploitation of the railways, adheres to the termination
of the
regime of neutrality of the Grand Duchy, and accepts in advance
all international
arrangements which may be concluded by the Allied and Associated
Powers relating
to the Grand Duchy.
ARTICLE 41.
Germany undertakes to grant to the Grand Duchy of Luxemburg,
when a demand to
that effect is made to her by the Principal Allied and Associated
Powers, the
rights and advantages stipulated in favour of such Powers or their
nationals in
the present Treaty with regard to economic questions, to questions
relative to
transport and to aerial navigation.
SECTION III
LEFT BANK OF THE RHINE.
ARTICLE 42.
Germany is forbidden to maintain or construct any fortifications
either on the
left bank of the Rhine or on the right bank to the west of a line
drawn 50
kilometres to the East of the Rhine.
ARTICLE 43
In the area defined above the maintenance and the assembly
of armed forces,
either permanently or temporarily, and military maneuvers of any
kind, as well as
the upkeep of all permanent works for mobilization, are in the
same way
forbidden.
ARTICLE 44
In case Germany violates in any manner whatever the provisions
of Articles 42 and
43, she shall be regarded as committing a hostile act against
the Powers
signatory of the present Treaty and as calculated to disturb the
peace of the
world.
SECTION IV.
SAAR BASIN.
ARTICLE 45
As compensation for the destruction of the coal-mines in the
north of France and
as part payment towards the total reparation due from Germany
for the damage
resulting from the war, Germany cedes to France in full and absolute
possession,
with exclusive rights of exploitation, unencumbered and free from
all debts and
charges of any kind, the coal-mines situated in the Saar Basin
as defined in
Article 48.
ARTICLE 46.
In order to assure the rights and welfare of the population
and to guarantee to
France complete freedom in working the mines, Germany agrees to
the provisions of
Chapters I and II of the Annex hereto.
ARTICLE 47.
In order to make in due time permanent provision for the government
of the Saar
Basin in accordance with the wishes of the populations, France
and Germany agree
to the provisions of Chapter III of the Annex hereto.
ARTICLE 48.
The boundaries of the territory of the Saar Basin, as dealt
with in the present
stipulations, will be fixed as follows: On the south and south-west:
by the
frontier of France as fixed by the present Treaty. On the north-west
and north:
by a line following the northern administrative boundary of the
Kreis of Merzig
from the point where it leaves the French frontier to the point
where it meets
the administrative boundary separating the commune of Saarholzbach
from the
commune of Britten; following this communal boundary southwards
and reaching the
administrative boundary of the canton of Merzig so as to include
in the territory
of the Saar Basin the canton of Mettlach, with the exception of
the commune of
Britten; following successively the northern boundaries of the
cantons of Merzig
and Haustedt, which are incorporated in the aforesaid Saar Basin,
then
successively the administrative boundaries separating the Kreise
of Sarrelouis,
Ottweiler, and Saint-Wendel from the Kreise of Merzig, Treves
(Trier), and the
Principality of Birkenfeld as far as a point situated about 500
metres north of
the village of Furschweiler (viz., the highest point of the Metzelberg).
On the
north-east and east: from the last point defined above to a point
about 3 1/2
kilometres east-north-east of Saint-Wendel: a line to be fixed
on the ground
passing east of Furschweiler, west of Roschberg, east of points
418, 329 (south
of Roschberg) west of Leitersweiler, north-east of point 464,
and following the
line of the crest southwards to its junction with the administrative
boundary of
the Kreis of Kusel
thence in a southerly direction the boundary of the Kreis of
Kusel, then the
boundary of the Kreis of Homburg towards the south-south-east
to a point situated
about 1000 metres west of Dunzweiler; thence to a point about
1 kilometre south
of Hornbach- a line to be fixed on the ground passing through
point 424 (about
1000 metres south-east of Dunzweiler), point 363 (Fuchs-Berg),
point 322
(south-west of Waldmohr), then east of Jagersburg and Erbach,
then encircling
Homburg, passing through the points 361 (about 2-1/2 kilometres
north-east by
east of that town), 342 (about 2 kilometres south-east of that
town), 347
(Schreiners-Berg), 356, 350 (about 1-1/2 kilometres south-east
of Schwarzenbach),
then passing east of Einod, south-east of points 322 and 333,
about 2 kilometres
east of Webenheim, about 2 kilometres east of Mimbach, passing
east of the
plateau which is traversed by the road from Mimbach to Bockweiler
(so as to
include this road in the territory of the Saar Basin), passing
immediately north
of the junction of the roads from Bockweiler and Altheim situated
about 2
kilometres north of Altheim, then passing south of Ringweilerhof
and north of
point 322, rejoining the frontier of France at the angle which
it makes about 1
kilometre south of Hornbach (see Map No. 2 scale 1/100,000 annexed
to the present
treaty). [See Introduction ]
A Commission composed of five members, one appointed by France,
one by Germany,
and three by the Council of the League of Nations, which will
select nationals of
other Powers, will be constituted within fifteen days from the
coming into force
of the present Treaty, to trace on the spot the frontier line
described above.
In those parts of the preceding line which do not coincide
with administrative
boundaries, the Commission will endeavour to keep to the line
indicated, while
taking into consideration, so far as is possible, local economic
interests and
existing communal boundaries.
The decisions of this Commission will be taken by a majority,
and will be binding
on the parties concerned.
ARTICLE 49.
Germany renounces in favour of the League of Nations, in the
capacity of trustee,
the government of the territory defined above.
At the end of fifteen years from the coming into force of the
present Treaty the
inhabitants of the said territory shall be called upon to indicate
the
sovereignty under which they desire to be placed.
ARTICLE 50.
The stipulations under which the cession of the mines in the
Saar Basin shall be
carried out, together with the measures intended to guarantee
the rights and the
well-being of the inhabitants and the government of the territory,
as well as the
conditions in accordance with which the plebiscite herein before
provided for is
to be made, are laid down in the Annex hereto. This Annex shall
be considered as
an integral part of the present Treaty, and Germany declares her
adherence to it.
ANNEX.
In accordance with the provisions of Articles 45 to 50 of the
present Treaty, the
stipulations under which the cession by Germany to France of the
mines of the
Saar Basin will be effected, as well as the measures intended
to ensure respect
for the rights and well-being of the population and the government
of the
territory, and the conditions in which the inhabitants will be
called upon to
indicate the sovereignty under which they may wish to be placed,
have been laid
down as follows:
CHAPTER I .
CESSION AND EXPLOITATION OF MINING PROPERTY,
From the date of the coming into force of the present Treaty,
all the deposits of coal situated within the Saar Basin as
defined
in Article 48 of the said Treaty, become the complete and absolute
property of
the French State.
The French State will have the right of working or not working
the said mines, or
of transferring to a third party the right of working them, without
having to
obtain any previous authorisation or to fulfil any formalities.
The French State may always require that the German mining
laws and regulations
referred to below shall be applied in order to ensure the determination
of its
rights.
2.
The right of ownership of the French State will apply not only
to the deposits
which are free and for which concessions have not yet been granted,
but also to
the deposits for which concessions have already been granted,
whoever may be the
present proprietors, irrespective of whether they belong to the
Prussian State,
to the Bavarian State, to other States or bodies, to companies
or to individuals,
whether they have been worked or not, or whether a right of exploitation
distinct
from the right of the owners of the surface of the soil has or
has not been
recognised.
3.
As far as concerns the mines which are being worked, the transfer
of the
ownership to the French State will apply to all the accessories
and subsidiaries
of the said mines, in particular to their plant and equipment
both on and below
the surface to their extracting machinery, their plants for transforming
coal
into electric power, coke and by-products, their workshops means
of
communication, electric lines, plant for catching and distributing
water, land,
buildings such as offices, managers, employees, and workmen's
dwellings, schools,
hospitals and dispensaries, their stocks and supplies of every
description, their
archives and plans, and in general everything which those who
own or exploit the
mines possess or enjoy for the purpose of exploiting the mines
and their
accessories and subsidiaries.
The transfer will apply also to the debts owing for products
delivered before the
entry into possession by the French State and after the signature
of the present
Treaty, and to deposits of money made by customers, whose rights
will be
guaranteed by the French State.
4.
The French State will acquire the property free and clear of
all debts and
charges. Nevertheless, the rights acquired, or in course of being
acquired, by
the employees of the mines and their accessories and subsidiaries
at the date of
the coming into force of the present Treaty, in connection with
pensions for old
age or disability, will not be affected. In return, Germany must
pay over to the
French State a sum representing the actuarial amounts to which
the said employees
are entitled.
5.
The value of the property thus ceded to the French State will
be determined by
the Reparation Commission referred to in Article 233 of Part VIII
(Reparation) of
the present Treaty.
This value shall be credited to Germany in part payment of
the amount due for
reparation. It will be for Germany to indemnify the proprietors
or parties
concerned, whoever they may be.
6.
No tariff shall be established on the German railways and canals
which may
directly or indirectly discriminate to the prejudice of the transport
of the
personnel or products of the mines and their accessories or subsidiaries,
or of
the material necessary to their exploitation. Such transport shall
enjoy all the
rights and privileges which any international railway conventions
may . guarantee
to similar products of French origin.
7. The equipment and personnel necessary to ensure the despatch
and transport of
the products of the mines and their accessories and subsidiaries,
as well as the
carriage of workmen and employees, will be provided by the local
railway
administration of the Basin.
8.
No obstacle shall be placed in the way of such improvements
of railways or
waterways as the French State may judge necessary to assure the
despatch and the
transport of the products of the mines and their accessories and
subsidiaries,
such as double trackage, enlargement of stations, and construction
of yards and
appurtenances. The distribution of expenses will, in the event
of disagreement,
be submitted to arbitration.
The French State may also establish any new means of communication,
such as
roads, electric lines, and telephone connections which it may
consider necessary
for the exploitation of the mines it may exploit freely and without
any
restrictions the means of communication of which it may become
the owner,
particularly those connecting the mines and their accessories
and subsidiaries
with the means of communication situated in French territory.
9.
The French State shall always be entitled to demand the application
of the German
mining laws and regulations in force on November 11, 1918, excepting
provisions
adopted exclusively in view of the state of war, with a view to
the acquisition
of such land as it may judge necessary for the exploitation of
the mines and
their accessories and subsidiaries.
The payment for damage caused to immovable property by the
working of the said
mines and their accessories and subsidiaries shall be made in
accordance with the
German mining laws and regulations above referred to.
10.
Every person whom the French State may substitute for itself
as regards the whole
or part of its rights to the exploitation of the mines and their
accessories and
subsidiaries shall enjoy the benefit of the privileges provided
in this Annex.
11.
The mines and other immovable property which become the property
of the French
State may never be made the subject of measures of forfeiture,
forced sale,
expropriation or requisition, nor of any other measure affecting
the right of
property.
The personnel and the plant connected with the exploitation
of these mines or
their accessories and subsidiaries, as well as the product extracted
from the
mines or manufactured in their accessories and subsidiaries, may
not at any time
be made the subject of any measures of requisition.
The exploitation of the mines and their accessories and subsidiaries,
which
become the property of the French State will continue, subject
to the provisions
of paragraph 23 below, to be subject to the regime established
by the German laws
and regulations in force on November 11, 1918, excepting provisions
adopted
exclusively in view of the state of war.
The rights of the workmen shall similarly be maintained, subject
to the
provisions of the said paragraph 23, as established on November
11, 1918, by the
German laws and regulations above referred to.
No impediment shall be placed in the way of the introduction
or employment in the
mines and their accessories and subsidiaries of workmen from without
the Basin.
The employees and workmen of French nationality shall have
the right to belong to
French labour unions.
13.
The amount contributed by the mines and their accessories and
subsidiaries,
either to the local budget of the territory of the Saar Basin
or to the communal
funds, shall be fixed with due regard to the ratio of the value
of the mines to
the total taxable wealth of the Basin.
14.
The French State shall always have the right of establishing
and maintaining, as
incidental to the mines, primary or technical schools for its
employees and their
children, and of causing instruction therein to be given in the
French language,
in accordance with such curriculum and by such teachers as it
may select.
It shall also have the right to establish and maintain hospitals,
dispensaries,
workmen's houses and gardens, and other charitable and social
institutions.
15.
The French State shall enjoy complete liberty with respect
to the distribution,
dispatch and sale prices of-the products of the mines and their
accessories and
subsidiaries.
Nevertheless, whatever may be the total product of the mines,
the French
Government undertakes that the requirements of local consumption
for industrial
and domestic purposes shall always be satisfied in the proportion
existing in
1913 between the amount consumed locally and the total output
of the Saar Basin.
CHAPTER II.
GOVERNMENT OF THE TERRITORY OF THE SAAR BASIN.
16.
The Government of the territory of the Saar Basin shall be
entrusted to a
Commission representing the League of Nations. This Commission
shall sit in the
territory of the Saar Basin.
17.
The Governing Commission provided for by paragraph 16 shall
consist of five
members chosen by the Council of the League of Nations, and will
include one
citizen of France, one native inhabitant of the Saar Basin, not
a citizen of
France, and three members belonging to three countries other than
France or
Germany.
The members of the Governing Commission shall be appointed
for one year and may
be re-appointed. They can be removed by the Council of the League
of Nations,
which will provide for their replacement.
The members of the Governing Commission will be entitled to
a salary which will
be fixed by the Council of the League of Nations, and charged
on the local
revenues.
18.
The Chairman of the Governing Commission shall be appointed
for one year from
among the members of the Commission by the Council of the League
of Nations and
may be re-appointed. The Chairman will act as the executive of
the Commission.
19.
Within the territory of the Saar Basin the Governing Commission
shall have
all-the powers of government hitherto belonging to the German
Empire, Prussia, or
Bavaria, including the appointment and dismissal of officials,
and the creation
of such administrative and representative bodies as it may deem
necessary.
It shall have full powers to administer and operate the railways,
canals, and the
different public services. Its decisions shall be taken by a majority.
20.
Germany will place at the disposal of the Governing Commission
all official
documents and archives under the control of Germany, of any German
State, or of
any local authority, which relate to the territory of the Saar
Basin or to the
rights of the inhabitants thereof.
21.
It will be the duty of the Governing Commission to ensure,
by such means and
under such conditions as it may deem suitable, the protection
abroad of the
interests of the inhabitants of the territory of the Saar Basin.
22.
The Governing Commission shall have the full right of user
of all property, other
than mines, belonging, either in public or in private domain,
to the Government
of the German Empire, or the Government of any German State, in
the territory of
the Saar Basin.
As regards the railways an equitable apportionment of rolling
stock shall be made
by a mixed Commission on which the Government of the territory
of the Saar Basin
and the German railways will be represented.
Persons, goods, vessels, carriages, wagons and mails coming
from or going to the
Saar Basin shall enjoy all the rights and privileges relating
to transit and
transport which are specified in the provisions of Part XII (Ports,
Waterways and
Railways) of the present Treaty.
23.
The laws and regulations in force on November 11, 1918, in
the territory of the
Saar Basin (except those enacted in consequence of the state of
war) shall
continue to apply.
If, for general reasons or to bring these laws and regulations
into accord with
the provisions of the present Treaty, it is necessary to introduce
modifications,
these shall be decided on, and put into effect by the Governing
Commission, after
consultation with the elected representatives of the inhabitants
in such a manner
as the Commission may determine.
No modification may be made in the legal regime for the exploitation
of the
mines, provided for in paragraph 12, without the French State
being previously
consulted, unless such modification results from a general regulation
respecting
labour adopted by the League of Nations.
In fixing the conditions and hours of labour for men, women
and children, the
Governing Commission is to take into consideration the wishes
expressed by the
local labour organisations, as well as the principles adopted
by the League of
Nations.
24.
Subject to the provisions of paragraph 4, no rights of the
inhabitants of the
Saar Basin acquired or in process of acquisition at the date of
coming into force
of this Treaty, in respect of any insurance system of Germany
or in respect of
any pension of any kind, are affected by any of the provisions
of the present
Treaty.
Germany and the Government of the territory of the Saar Basin
will preserve and
continue all of the aforesaid rights.
25.
The civil and criminal courts existing in the territory of
the Saar Basin shall
continue.
A civil and criminal court will be established by the Governing
Commission to
hear appeals from the decisions of the said courts
and to decide matters for which these courts are not competent.
The Governing Commission will be responsible for settling the
organisation and
jurisdiction of the said court.
Justice will be rendered in the name of the Governing Commission.
26.
The Governing Commission will alone have the power of levying
taxes and dues in
the territory of Saar Basin.
These taxes and dues will be exclusively applied to the needs
of the territory.
The fiscal system existing on November 11, 1918, will be maintained
as far as
possible, and no new tax except customs duties may be imposed
without previously
consulting the elected representatives of the inhabitants.
27.
The present stipulation will not affect the existing nationality
of the
inhabitants of the territory of the Saar Basin.
No hindrance shall be placed in the way of those who wish to
acquire a different
nationality, but in such case the acquisition of the new nationality
will involve
the loss of any other.
28.
Under the control of the Governing Commission the inhabitants
will retain their
local assemblies, their religious liberties, their schools and
their language.
The right of voting will not be exercised for any assemblies
other than the local
assemblies, and will belong to every inhabitant over the age of
twenty years,
without distinction of sex.
29.
Any of the inhabitants of the Saar Basin who may desire to
leave the territory
will have full liberty to retain in it their immovable property
or to sell it at
fair prices, and to remove their movable property free of any
charges.
30.
There will be no military service, whether compulsory or voluntary,
in the
territory of the Saar Basin, and the construction of fortifications
therein is
forbidden.
Only a local gendarmerie for the maintenance of order may be
established.
It will be the duty of the Governing Commission to provide
in all cases for the
protection of persons and property in the Saar Basin.
31.
The territory of the Saar Basin as defined by Article 48 of
the present Treaty
shall be subjected to the French customs regime. The receipts
from the customs
duties on goods intended for local consumption shall be included
in the budget of
the said territory after deduction of all costs of collection.
No export tax shall be imposed upon metallurgical products
or coal exported from
the said territory to Germany, nor upon the German exports for
the use of the
industries of the territory of the Saar Basin.
Natural or manufactured products originating in the Basin in
transit over German
territory and, similarly, German products in
transit over the territory of the Basin shall be free of all
customs duties.
Products which both originate in and pass from the Basin into
Germany shall be
free of import duties for a period of five years from the date
of the coming into
force of the present Treaty, and during the same period articles
imported from
Germany into the territory of the Basin for local consumption,
shall likewise be
free of import duties.
During these five years the French Government reserves to itself
the right of
limiting to the annual average of the quantities imported into
Alsace-Lorraine
and France in the years 1911 to 1913 the quantities which may
be sent into France
of all articles coming from the Basin which include raw materials
and
semimanufactured goods imported duty free from Germany. Such average
shall be
determined after reference to all available official information
and statistics.
32.
No prohibition or restriction shall be imposed upon the circulation
of French
money in the territory of the Saar Basin.
The French State shall have the right to use French money in
all purchases,
payments, and contracts connected with the exploitation of the
mines or their
accessories and subsidiaries.
33.
The Governing Commission shall have power to decide all questions
arising from
the interpretation of the preceding provisions.
France and Germany agree that any dispute involving a difference
of opinion as to
the interpretation of the said provision shall in the same way
be submitted to
the Governing Commission and the decision of a majority of the
Commission shall
be binding on both countries.
CHAPTER III.
PLEBISCITE.
34.
At the termination of a period of fifteen years from the coming
into force of the
present Treaty, the population of the territory
of the Saar Basin will be called upon to indicate their desires
in the following
manner: A vote will take place by communes or districts, on the
three following
alternatives: (a) maintenance of the regime established by the
present Treaty
and by this Annex; (b) union with France; (c) union with Germany.
All persons without distinction of sex, more than twenty years
old at the date of
the voting, resident in the territory at the date of the signature
of the present
Treaty, will have the right to vote.
The other conditions, methods, and the date of the voting shall
be fixed by the
Council of the League of Nations in such a way as to secure the
freedom, secrecy
and trustworthiness of the voting
35.
The League of Nations shall decide on the sovereignty under
which the territory
is to be placed, taking into account the wishes of the inhabitants
as expressed
by the voting.
(a) If, for the whole or part of the territory, the League
of Nations decides in
favour of the maintenance of the regime established by the present
Treaty and
this Annex, Germany hereby agrees to make such renunciation of
her sovereignty in
favour of the League of Nations as the latter shall deem necessary.
It will be
the duty of the League of Nations to take appropriate steps to
adapt the regime
definitively adopted to the permanent welfare of the territory
and the general
interest;
(b) If, for the whole or part of the territory, the League
of Nations decides in
favour of union with France, Germany hereby agrees to cede to
France in
accordance with the decision of the League of Nations, all rights
and title over
the territory specified by the League.
(c) If, for the whole or part of the territory, the League
of Nations decides in
favour of union with Germany, it will be the duty of the League
of Nations to
cause the German Government to be re-established in the government
of the
territory specified by the League.
36.
If the League of Nations decides in favour of the union of
the whole or part of
the territory of the Saar Basin with Germany, France's rights
of ownership in the
mines situated in such part of
the territory will be repurchased by Germany in their entirety
at
a price payable in gold. The price to be paid will be fixed
by three experts, one
nominated by Germany, one by France, and one,
who shall be neither a Frenchman nor a German, by the Council
of the League of Nations; the decision of the experts will
be given by a
majority.
The obligation of Germany to make such payment shall be
taken into account by the Reparation Commission, and for the
purpose of this payment Germany may create a prior charge upon
her assets or
revenues upon such detailed terms as shall be agreed to by the
Reparation
Commission. If, nevertheless, Germany after a period of one year
from the date
on which the payment becomes due shall not have effected the said
payment, the
Reparation Commission shall do so in accordance with such instructions
as may be
given by the League of Nations, and, if necessary, by liquidating
that part of
the mines which is in question.
37.
If, in consequence of the repurchase provided for in paragraph
36, the ownership of the mines or any part of them is transferred
to Germany, the
French State and French nationals shall have
the right to purchase such amount of coal of the Saar Basin
as
their industrial and domestic needs are found at that time
to
require. An equitable arrangement regarding amounts of coal,
duration of contract, and prices will be fixed in due time
by the
Council of the League of Nations.
38.
It is understood that France and Germany may, by special
agreements concluded before the time fixed for the payment
of
the price for the repurchase of the mines, modify the provisions
of paragraphs 36 and 37.
39.
The Council of the League of Nations shall make such provisions
as may be
necessary for the establishment of the regime
which is to take effect after the decisions of the League of
Nations mentioned in
paragraph 35 have become operative, including an equitable apportionment
of any
obligations of the Government of the territory of the Saar Basin
arising from
loans raised by the Commission or from other causes.
From the coming into force of the new regime, the powers of
the Governing
Commission will terminate, except in the case provided for in
paragraph 35 (a).
In all matters dealt with in the present Annex, the decisions
of the Council of
the League of Nations will be taken by a majority.
SECTION V.
ALSACE-LORRAINE.
The HIGH CONTRACTING PARTIES, recognising the moral obligation
to redress the
wrong done by Germany in 1871 both to the rights of France and
to the wishes of
the population of Alsace and Lorraine, which were separated from
their country in
spite of the solemn protest of their representatives at the Assembly
of Bordeaux
Agree upon the following Articles:
ARTICLE 5l.
The territories which were ceded to Germany in accordance with
the Preliminaries
of Peace signed at Versailles on February 26, 187l, and the Treaty
of Frankfort
of May lo, 1871, are restored to French sovereignty as from the
date of the
Armistice of November 11, 1918.
The provisions of the Treaties establishing the delimitation
of the frontiers
before 1871 shall be restored.
ARTICLE 52.
The German Government shall hand over without delay to the
French Government all
archives, registers, plans, titles and documents of every kind
concerning the
civil, military, financial, judicial or other administrations
of the territories
restored to French sovereignty. If any of these documents, archives,
registers,
titles or plans nave been misplaced, they will be restored by
the German
Government on the demand of the French Government. ARTICLE 53.
Separate agreements shall be made between France and Germany
dealing with the
interests of the inhabitants of the territories referred to in
Article 51,
particularly as regards their civil rights, their business and
the exercise of
their professions, it being understood that Germany undertakes
as from the
present date to recognise and accept the regulations laid down
in the Annex
hereto regarding the nationality of the inhabitants or natives
of the said
territories, not to claim at any time or in any place whatsoever
as German
nationals those who shall have been declared on any ground to
be French, to
receive all others in her territory, and to conform, as regards
the property of
German nationals in the territories indicated in Article 51, with
the provisions
of Article 297 and the Annex to Section IV of Part X (Economic
Clauses) of the
present Treaty.
Those German nationals who without acquiring French nationality
shall receive
permission from the French Government to reside in the said territories
shall not
be subjected to the provisions of the said Article.
ARTICLE 54.
Those persons who have regained French nationality in virtue
of paragraph 1 of
the Annex hereto will be held to be Alsace-Lorrainers for the
purposes of the
present Section.
The persons referred to in paragraph 2 of the said Annex will
from the day on
which they have claimed French nationality be held to be Alsace-Lorrainers
with
retroactive effect as from November 11, 1918. For those whose
application is
rejected, the privilege will terminate at the date of the refusal.
Such juridical persons will also have the status of AlsaceLorrainers
as shall
have been recognised as possessing this quality whether by the
French
administrative authorities or by a judicial decision.
ARTICLE 55.
The territories referred to in Article 5l shall return to France
free and quit of
all public debts under the conditions laid down in Article 255
of Part IX
(Financial Clauses) of the present Treaty.
ARTICLE 56.
In conformity with the provisions of Article 256 of Part IX
(Financial Clauses)
of the present Treaty, France shall enter into
possession of all property and estate, within the territories
referred to in
Article 5l, which belong to the German Empire or German States,
without any
payment or credit on this account to any of the States ceding
the territories.
This provision applies to all movable or immovable property
of public or private
domain together with all rights whatsoever belonging to the German
Empire or
German States or to their administrative areas.
Crown property and the property of the former Emperor or other
German sovereigns
shall be assimilated to property of the public domain.
ARTICLE 57.
Germany shall not take any action, either by means of stamping
or by any other
legal or administrative measures not applying equally to the rest
of her
territory, which may be to the detriment of the legal value or
redeemability of
Germany monetary instruments or monies which, at the date of the
signature of the
present Treaty, are legally current, and at that date are in the
possession of
the French Government.
ARTICLE 58.
A special Convention will determine the conditions for repayment
in marks of the
exceptional war expenditure advanced during the course of the
war by
Alsace-Lorraine or by the public bodies in Alsace-Lorraine on
account of the
Empire in accordance with German law, such as payment to the families
of persons
mobilised, requisitions, billeting of troops, and assistance to
persons who have
been evacuated. In fixing the amount of these sums Germany shall
be credited
with that portion which Alsace-Lorraine would have contributed
to the Empire to
meet the expenses resulting from these payments, this contribution
being
calculated according to the proportion of the Imperial revenues
derived from
Alsace-Lorraine in l913.
ARTICLE 59.
The French Government will collect for its own account the
Imperial taxes, duties
and dues of every kind leviable in the territories referred to
in Article 5l and
not collected at the time of the Armistice of November 11, 19l8.
ARTICLE 60.
The German Government shall without delay restore to AlsaceLorrainers
(individuals, juridical persons and public institutions) all property,
rights and
interests belonging to them on November 11, 1918, in so far as
these are situated
in German territory.
ARTICLE 61.
The German Government undertakes to continue and complete without
delay the
execution of the financial clauses regarding Alsace-Lorraine contained
in the
Armistice Conventions.
ARTICLE 62.
The German Government undertakes to bear the expense of all
civil and military
pensions which had been earned in Alsace. Lorraine on date of
November 11, 1918,
and the maintenance of which was a charge on the budget of the
German Empire.
The German Government shall furnish each year the funds necessary
for the payment
in francs, at the average rate of exchange for that year, of the
sums in marks to
which persons resident in Alsace-Lorraine would have been entitled
if
Alsace-Lorraine had remained under German jurisdiction.
ARTICLE 63.
For the purposes of the obligation assumed by Germany in Part
VIII (Reparation)
of the present Treaty to give compensation for damages caused
to the civil
populations of the Allied and Associated countries in the form
of fines, the
inhabitants of the territories referred to in Article 51 shall
be assimilated to
the above-mentioned populations.
ARTICLE 64.
The regulations concerning the control of the Rhine and of
the Moselle are laid
down in Part XII (Ports, Waterways and Railways) of the present
Treaty.
ARTICLE 65.
Within a period of three weeks after the coming into force
of the present Treaty,
the port of Strasburg and the port of Kehl shall be constituted,
for a period of
seven years, a single unit from the point of view of exploitation.
The administration of this single unit will be carried on by
a manager named by
the Central Rhine Commission, which shall also have power to remove
him.
This manager shall be of French nationality.
He will reside in Strasburg and will be subject to the supervision
of the Central
Rhine Commission.
There will be established in the two ports free zones in conformity
with Part XII
(Ports, Waterways and Railways) of the present Treaty.
A special Convention between France and Germany which shall
be submitted to the
approval of the Central Rhine Commission, will fix the details
of this
organisation, particularly as regards finance.
It is understood that for the purpose of the present Article
the port of Kehl
includes the whole of the area necessary for the movement of the
port and the
trains which serve it, including the harbour, quays and railroads,
platforms,
cranes, sheds and warehouses, silos, elevators and hydro-electric
plants, which
make up the equipment of the port.
The German Government undertakes to carry out all measures
which shall be
required of it in order to assure that all the making-up and switching
of trains
arriving at or departing from Kehl, whether for the right bank
or the left bank
of the Rhine, shall be carried on in the best conditions possible.
All property rights shall be safeguarded. In particular the
administration of the
ports shall not prejudice any property rights of the French or
Baden railroads.
Equality of treatment as respects traffic shall be assured
in both ports to the
nationals, vessels and goods of every country.
In case at the end of the sixth year France shall consider
that the progress made
in the improvement of the port of Strasburg still requires a prolongation
of this
temporary regime, she may ask for such prolongation from the Central
Rhine
Commission, which may grant an extension for a period not exceeding
three years.
Throughout the whole period of any such extension the free
zones above provided
for shall be maintained.
Pending appointment of the first manager by the Central Rhine
Commission a
provisional manager who shall be of French nationality may be
appointed by the
Principal Allied and Associated Powers subject to the foregoing
provisions.
For all purposes of the present Article the Central Rhine Commission
will decide
by a majority of votes.
ARTICLE 66.
The railway and other bridges across the Rhine now existing
within the limits of
Alsace-Lorraine shall, as to all their parts and their whole length,
be the
property of the French State, which shall ensure their upkeep.
The French Government is substituted in all the, rights of
the German Empire over
all the railways which were administered by the Imperial railway
administration
and which are actually working or under construction.
The same shall apply to the rights of the Empire with regard
to railway and
tramway concessions within the territories referred to in Article
51.
This substitution shall not entail any payment on the part
of the French State.
The frontier railway stations shall be established by a subsequent
agreement, it
being stipulated in advance that on the Rhine frontier they shall
be situated on
the right bank.
ARTICLE 68.
In accordance with the provisions of Article 268 of Chapter
I of Section I of
Part X (Economic Clauses) of the present Treaty, for a period
of five years from
the coming into force of the present Treaty, natural or manufactured
products
originating in and coming from the territories referred to in
Article 51 shall,
on importation into German customs territory, be exempt from all
customs duty.
The French Government may fix each year, by decree communicated
to the German
Government, the nature and amount of the products which shall
enjoy this
exemption.
The amount of each product which may be thus sent annually
into Germany shall not
exceed the average of the amounts sent annually in the years 1911-1913.
Further, during the period of five years above mentioned, the
German Government
shall allow the free export from Germany and the free reimportation
into Germany,
exempt from all customs, duties and other charges (including internal
charges),
of yarns, tissues, and other textile materials or textile products
of any kind
and in any condition, sent from Germany into the territories referred
to in
Article 51, to be subjected there to any finishing process, such
as bleaching,
dyeing, printing, mercerization, gassing, twisting or dressing.
During a period of ten years from the coming into force of
the present Treaty,
central electric supply works situated in German territory and
formerly
furnishing electric power to the territories referred to in Article
51 or to any
establishment the working of which passes permanently or temporarily
from Germany
to France, shall be required to continue such supply up to the
amount of
consumption corresponding to the undertakings and contracts current
on November
11, 1918.
Such supply shall be furnished according to the contracts in
force and at a rate
which shall not be higher than that paid to the said works by
German nationals.
ARTICLE 70.
It is understood that the French Government preserves its right
to prohibit in
the future in the territories referred to in Article 51 all new
German
participation:
(1) In the management or exploitation of the public domain
and of public
services, such as railways, navigable waterways, water works,
gas works, electric
power, etc. ;
(2) In the ownership of mines and quarries of every kind and
in enterprises
connected therewith;
(3) In metallurgical establishments, even though their working
may not be
connected with that of any mine.
ARTICLE 71.
As regards the territories referred to in Article 51, Germany
renounces on behalf
of herself and her nationals as from November 11, 1918, all rights
under the law
of May 25, 1910, regarding the trade in potash salts, and generally
under any
stipulations for the intervention of German organisations in the
working of the
potash mines. Similarly, she renounces on behalf of herself and
her- nationals
all rights under any agreements, stipulations or laws which may
exist to her
benefit with regard to other products of the aforesaid territories.
ARTICLE 72.
The settlement of the questions relating to debts contracted
before November 11,
1918, between the German Empire and the German States or their
nationals residing
in Germany on the one part and Alsace-Lorrainers residing in Alsace-Lorraine
on
the other part shall be effected in accordance with the provisions
of Section III
of Part X (Economic Clauses) of the present Treaty, the expression
"before the
war" therein being replaced by the expression "before
November 11, 1918,. The
rate of exchange applicable in the case of such settlement shall
be the average
rate quoted on the Geneva Exchange during the month preceding
November 11, 1918.
There may be established in the territories referred to in
Article 51, for the
settlement of the aforesaid debts under the conditions laid down
in Section III
of Part X (Economic Clauses) of the present Treaty, a special
clearing office, it
being understood that this office shall be regarded as a "central
office" under
the provisions of paragraph 1 of the Annex to the said Section.
ARTICLE 73.
The private property, rights and interests of Alsace-Lorrainers
in Germany will
be regulated by the stipulations of Section IV of Part X (Economic
Clauses) of
the present Treaty.
ARTICLE 74.
The French Government reserves the right to retain and liquidate
all the
property, rights and interests which German nationals or societies
controlled by
Germany possessed in the territories referred to in Article 51
on November 11,
1918, subject to the conditions laid down in the last paragraph
of Article 53
above. Germany will directly compensate her nationals who may
have been
dispossessed by the aforesaid liquidations. The product of these
liquidations
shall be applied in accordance with the stipulations of Sections
III and IV of
Part X (Economic Clauses) of the present Treaty.
ARTICLE 75.
Notwithstanding the stipulations of Section V of Part X (Economic
Clauses) of the
present Treaty, all contracts made before the date of the promulgation
in
Alsace-Lorraine of the French decree of November 30, 1918, between
Alsace-Lorrainers (whether individuals or juridical persons) or
others resident
in Alsace-Lorraine on the one part and the German Empire or German
States and
their nationals resident in Germany on the other part, the execution
of which has
been suspended by the Armistice or by subsequent French legislation,
shall be
maintained.
Nevertheless, any contract of which the French Government shall
notify the
cancellation to Germany in the general interest within a period
of six months
from the date of the coming into force of the present Treaty,
shall be annulled
except in respect of any debt or other pecuniary obligation arising
out of any
act done or money paid thereunder before November 11, 1918. If
this dissolution
would cause one of the parties substantial prejudice, equitable
compensation,
calculated solely on the capital employed without taking account
of loss of
profits, shall be accorded to the prejudiced party.
With regard to prescriptions, limitations and forfeitures in
Alsace-Lorraine, the
provisions of Articles 300 and 301 of Section V of Part X (Economic
Clauses)
shall be applied with the substitution for the expression "outbreak
of war" of
the expression "November 11, 1918", and for the expression
"duration of the war"
of the expression "period from November 11, 1918, to the
date of the coming into
force of the present Treaty".
ARTICLE 76.
Questions concerning rights in industrial, literary or artistic
property of
Alsace-Lorrainers shall be regulated in accordance with the general
stipulations
of Section VII of Part X (Economic Clauses) of the present Treaty,
it being
understood that AlsaceLorrainers holding rights of this nature
under German
legislation will preserve full and entire enjoyment of those rights
on German
territory.
ARTICLE 77
The German Government undertakes to pay over to the French
Government such
proportion of all reserves accumulated by the Empire or by public
or private
bodies dependent upon it, for the purposes of disability and old
age insurance,
as would fall to the disability and old age insurance fund at
Strasburg.
The same shall apply in respect of the capital and reserves
accumulated in
Germany falling legitimately to other social insurance funds,
to miners,
superannuation funds, to the fund of the railways of Alsace-Lorraine,
to other
superannuation organisations established for the benefit of the
personnel of
public administrations and institutions operating in Alsace-Lorraine
and also in
respect of the capital and reserves due by the insurance fund
of private
employees at Berlin, by reason of engagements entered into for
the benefit of
insured persons of that category resident in Alsace-Lorraine.
A special
Convention shall determine the conditions and procedure of these
transfers.
ARTICLE 78.
With regard to the execution of judgments, appeals and prosecutions,
the
following rules shall be applied:
(1) All civil and commercial judgments which shall have been
given since August
3, 1914, by the Courts of Alsace-Lorraine between Alsace-Lorrainers,
or between
Alsace-Lorrainers and foreigners, or between foreigners, and which
shall not have
been appealed from before November 11, 1918, shall be regarded
as final and
susceptible of immediate execution without further formality.
When the judgment has been given between Alsace-Lorrainers
and Germans or between
Alsace-Lorrainers and subjects of the allies of Germany, it shall
only be capable
of execution after the issue of an exequatur by the corresponding
new tribunal in
the restored territory referred to in Article 51.
(2) All judgments given by German Courts since August 3, 1914,
against
Alsace-Lorrainers for political crimes or misdemeanors shall be
regarded as null
and void.
(3) All sentences passed since November 11, 1918, by the Court
of the Empire at
Leipzig on appeals against the decisions of the Courts of Alsace-Lorraine
shall
be regarded as null and void and shall be so pronounced. The papers
in regard to
the cases in which such sentences have been given shall be returned
to the Courts
of Alsace-Lorraine concerned.
All appeals to the Court of the Empire against decisions of
the Courts of
Alsace-Lorraine shall be suspended. The papers shall be returned
under the
aforesaid conditions for transfer without delay to the French
Cour de Cassation,
which shall be competent to decide them.
(4) All prosecutions in Alsace-Lorraine for offences committed
during the period
between November 11, 1918, and the coming into force of the present
Treaty will
be conducted under German law except in so far as this has been
modified by
decrees duly published on the spot by the French authorities.
(5) All other questions as to competence, procedure or administration
of justice
shall be determined by a special Convention between France and
Germany.
ARTICLE 79.
The stipulations as to nationality contained in the Annex hereto
shall be
considered as of equal force with the provisions of the present
Section.
All other questions concerning Alsace-Lorraine which are not
regulated by the
present Section and the Annex thereto or by the general provisions
of the present
Treaty will form the subject of further conventions between France
and Germany.
ANNEX.
1..
As from November 11, 1918, the following persons are ipso facto
reinstated in
French nationality:
(1) Persons who lost French nationality by the application
of the Franco-German
Treaty of May 10, 1871, and who have not since that date acquired
any nationality
other than German;
(2) The legitimate or natural descendants of the persons referred
to in the
immediately preceding paragraph, with the exception of those whose
ascendants in
the paternal line include a German who migrated into Alsace-Lorraine
after July
15, 1870;
(3) All persons born in Alsace-Lorraine of unknown parents,
L or whose
nationality is unknown.
2.
Within the period of one year from the coming into force of
the present Treaty,
persons included in any of the following categories may claim
French nationality:
(1) All persons not restored to French nationality under paragraph
1 above, whose
ascendants include a Frenchman or Frenchwoman who lost French
nationality under
the conditions referred to in the said paragraph;
(2) All foreigners, not nationals of a German State, who acquired
the status of a
citizen of Alsace-Lorraine before August 3, 1914;
(3) All Germans domiciled in Alsace-Lorraine, if they have
been so domiciled
since a date previous to July 15, 1870, or if one of their ascendants
was at that
date domiciled in Alsace-Lorraine;
(4) All Germans born or domiciled in Alsace-Lorraine who have
served in the
Allied or Associated armies during the present war, and their
descendants;
(5) All persons born in Alsace-Lorraine before May 10, 1871,
of foreign parents,
and the descendants of such persons;
(6) The husband or wife of any person whose French nationality
may have been
restored under paragraph 1, or who may have claimed and obtained
French
nationality in accordance with the
preceding provisions.
The legal representative of a minor may exercise, on behalf
of that minor, the
right to claim French nationality; and if that right has not been
exercised, the
minor may claim French nationality within the year following his
majority.
Except in the cases provided for in No.(6) of the present paragraph,
the French
authorities reserve to themselves the right, in individual cases,
to reject the
claim to French nationality.
3.
Subject to the provisions of paragraph 2, Germans born or domiciled
in
Alsace-Lorraine shall not acquire French nationality by reason
of the restoration
of Alsace-Lorraine to France, even though they may have the status
of citizens of
Alsace-Lorraine.
They may acquire French nationality only by naturalisation,
on condition of
having been domiciled in Alsace-Lorraine from a date previous
to August 3, 1914,
and of submitting proof of unbroken residence within the restored
territory for a
period of three years from November 11, 1918.
France will be solely responsible for their diplomatic and
consular protection
from the date of their application for French naturalisation.
The French Government shall determine the procedure by which
reinstatement in
French nationality as of right shall be effected, and the conditions
under which
decisions shall be given upon claims to such nationality and applications
for
naturalisation, as provided by the present Annex.
SECTION VI.
AUSTRIA.
ARTICLE 80.
Germany acknowledges and will respect strictly the independence
of Austria,
within the frontiers which may be fixed in a Treaty between that
State and the
Principal Allied and Associated Powers; she agrees that this independence
shall
be inalienable, except with the consent of the Council of the
League of Nations.
SECTION VII.
CZECH0-SLOVAK STATE.
ARTICLE 81.
Germany, in conformity with the action already taken by the
Allied and Associated
Powers, recognises the complete independence of the Czecho-Slovak
State which
will include the autonomous territory of the Ruthenians to the
south of the
Carpathians. Germany hereby recognises the frontiers of this State
as determined
by the Principal Allied and Associated Powers and the other interested
States.
ARTICLE 82.
The old frontier as it existed on August 3, 1914, between Austria-Hungary
and the
German Empire will constitute the frontier between Germany and
the Czecho-Slovak
State.
ARTICLE 83.
Germany renounces in favour of the Czecho-Slovak State all
rights and title over
the portion of Silesian territory defined as follows: starting
from a point about
2 kilometres south-east of Katscher, on the boundary between the
Kreise of
Leobschutz and Ratibor: the boundary between the two Kreise; then,
the former
boundary between Germany and Austria-Hungary up to a point on
the Oder
immediately to the south of the Ratibor-Oderberg railway; thence,
towards the
north-west and up to a point about 2 kilometres to the south-east
of Katscher: a
line to be fixed on the spot passing to the west of Kranowitz.
A Commission
composed of seven members, five nominated by the Principal Allied
and Associated
Powers, one by Poland and one by the Czecho-Slovak State, will
be appointed
fifteen days after the coming into force of the present Treaty
to trace on the
spot the frontier line between Poland and the Czecho-Slovak State.
The decisions
of this Commission will be taken by a majority and shall be binding
on the
parties concerned. Germany hereby agrees to renounce in favour
of the
Czecho-Slovak State all rights and title over the part of the
Kreis of Leobschutz
comprised within the following boundaries in case after the determination
of the
frontier between Germany and Poland the said part of that Kreis
should become
isolated from Germany: from the south-eastern extremity of the
salient of the
former Austrian frontier at about 5 kilometres to the west of
Leobschutz
southwards and up to the point of junction with the boundary between
the Kreise
of Leobschutz and Ratibor: the former frontier between Germany
and
Austria-Hungary; then, northwards, the administrative boundary
between the Kreise
of Leobschutz and Ratibor up to a point situated about 2 kilometres
to the
south-east of Katscher; thence, north-westwards and up to the
starting-point of
this definition: a line to be fixed on the spot passing to the
east of Katscher,
ARTICLE 84.
German nationals habitually resident in any of the territories
recognised as
forming part of the Czecho-Slovak State will obtain Czecho-Slovak
nationality
ipso facto and lose their German nationality.
ARTICLE 85.
Within a period of two years from the coming into force of
the present Treaty,
German nationals over eighteen years of age habitually resident
in any of the
territories recognized as forming part of the Czecho-Slovak State
will be
entitled to opt for German. nationality. Czecho-Slovaks who are
German nationals
and are habitually resident in Germany will have a similar right
to opt for
Czecho-Slovak nationality.
Option by a husband will cover his wife and option by parents
will cover their
children under eighteen years of age.
Persons who have exercised the above right to opt must within
the succeeding
twelve months transfer their place of residence to the State for
which they have
opted.
They will be entitled to retain their landed property in the
territory of the
other State where they had their place of residence before exercising
the right
to opt. They may carry with them their movable property of every
description. No
export or import duties may be imposed upon them in connection
with the removal
of such property.
Within the same period Czecho-Slovaks, who are German nationals
and are in a
foreign country will be entitled, in the absence of any provisions
to the
contrary in the foreign law, and if they have not acquired the
foreign
nationality, to obtain Czecho-Slovak nationality and lose their
German
nationality by complying with the requirements laid down by the
Czecho-Slovak
State.
ARTICLE 86.
The Czecho-Slovak State accepts and agrees to embody in a Treaty
with the
Principal Allied and Associated Powers such provisions as may
be deemed necessary
by the said Powers to protect the interests of inhabitants of
that State who
differ from the majority of the population in race, language,
or religion.
The Czecho-Slovak State further accepts and agrees to embody
in a Treaty with the
said Powers such provisions as they may deem necessary to protect
freedom of
transit and equitable treatment of the commerce of other nations.
The proportion and nature of the financial obligations of Germany
and Prussia
which the Czecho-Slovak State will have to assume on account of
the Silesian
territory placed under its sovereignty will be determined in accordance
with
Article 254 of Part IX (Financial Clauses) of the present Treaty.
Subsequent agreements will decide all questions not decided
by the present Treaty
which may arise in consequence of the cession of the said territory.
SECTION VIII.
POLAND.
ARTICLE 87.
Germany, in conformity with the action already taken by the
Allied and Associated
Powers, recognises the complete independence of Poland, and renounces
in her
favour all rights and title over the territory bounded by the
Baltic Sea, the
eastern frontier of Germany as laid down in Article 27 of Part
II (Boundaries of
Germany) of the present Treaty up to a point situated about 2
kilometres to the
east of Lorzendorf, then a line to the acute angle which the northern
boundary of
Upper Silesia makes about 3 kilometres north-west of Simmenau,
then the boundary
of Upper Silesia to its meeting point with the old frontier between
Germany and
Russia, then this frontier to the point where it crosses the course
of the
Niemen, and then the northern frontier of East Prussia as laid
down in Article 28
of Part II aforesaid.
The provisions of this Article do not, however, apply to the
territories of East
Prussia and the Free City of Danzig, as defined in Article 28
of Part II
(Boundaries of Germany) and in Article 10o of Section XI (Danzig)
of this Part.
The boundaries of Poland not laid down in the present Treaty
will be subsequently
determined by the Principal Allied and Associated Powers.
A Commission consisting of seven members, five of whom shall
be nominated by the
Principal Allied and Associated Powers, one by Germany and one
by Poland, shall
be constituted fifteen days after the coming into force of the
present Treaty to
delimit on the spot the frontier line between Poland and Germany.
The decisions
of the Commission will be taken by a majority of votes and shall
be binding upon
the parties concerned.
ARTICLE 88.
In the portion of Upper Silesia included within the boundaries
described below,
the inhabitants will be called upon to indicate by a vote whether
they wish to be
attached to Germany or to Poland: starting from the northern point
of the salient
of the old province of Austrian Silesia situated about 8 kilometres
east of
Neustadt, the former frontier between Germany and Austria to its
junction with
the boundary between the Kreise of Leobschutz and Ratibor; thence
in a northerly
direction to a point about 2 kilometres south-east of Katscher:
the boundary
between the Kreise of Leobschutz and Ratibor; thence in a south-easterly
direction to a point on the course of the Oder immediately south
of the
Ratibor-Oderberg railway: a line to be fixed on the ground passing
south of
Kranowitz; thence the old boundary between Germany and Austria,
then the old
boundary between Germany and Russia to its junction with the administrative
boundary between Posnania and Upper Silesia; thence this administrative
boundary
to its junction with the administrative boundary between Upper
and Middle
Silesia, thence westwards to the point where the administrative
boundary turns
in an acute angle to the south-east about 3 kilometres north-west
of Simmenau:
the boundary between Upper and Middle Silesia; then in a westerly
direction to a
point to be fixed on the ground about 2 kilometres east of Lorzendorf:
a line to
be fixed on the ground passing north of Klein Hennersdorf: thence
southwards to
the point where the boundary between Upper and Middle Silesia
cuts the
Stadtel-Karlsruhe road: a line to be fixed on the ground passing
west of
Hennersdorf, Polkowitz, Noldau, Steinersdorf, and Dammer, and
east of Strehlitz,
Nassadel, Eckersdorf, Schwirz, and Stadtel; thence the boundary
between Upper and
Middle Silesia to its junction with the eastern boundary of the
Kreis of
Falkenberg; then the eastern boundary of the Kreis of Falkenberg
to the point of
the salient which is 3 kilometres east of Puschine; thence to
the northern point
of the salient of the old province of Austrian Silesia situated
about 8
kilometres east of Neustadt: a line to be fixed on the ground
passing east of
Zulz.
The regime under which this plebiscite will be taken and given
effect to is laid
down in the Annex hereto.
The Polish and German Governments hereby respectively bind
themselves to conduct
no prosecutions on any part of their territory and to take no
exceptional
proceedings for any political action performed in Upper Silesia
during the period
of the regime laid down in the Annex hereto and up to the settlement
of the final
status of the country.
Germany hereby renounces in favour of Poland all rights and
title over the
portion of Upper Silesia Iying beyond the frontier line fixed
by the Principal
Allied and Associated Powers as the result of the plebiscite.
ANNEX.
Within fifteen days from the coming into force of the present
Treaty the German
troops and such officials as may be designated by the Commission
set up under the
provisions of paragraph 2 shall evacuate the plebiscite area.
Up to the moment of
the completion of the evacuation they shall refrain from any form
of
requisitioning in money or in kind and from all acts likely to
prejudice the
material interests of the country.
Within the same period the Workmen's and Soldiers' Councils
which have been
constituted in this area shall be dissolved. Members of such Councils
who are
natives of another region and are exercising their functions at
the date of the
coming into force of the present Treaty, or who have gone out
of office since
March 1, 1919, shall be evacuated.
All military and semi-military unions formed in the said area
by inhabitants of
the district shall be immediately disbanded All members of such
military
organisations who are not domiciled in the said area shall be
required to leave
it.
The plebiscite area shall be immediately placed under the authority
of an
International Commission of four members to be designated by the
following
Powers: the United States of America, France, the British Empire,
and Italy. It
shall be occupied by troops belonging to the Allied and Associated
Powers, and
the German Government undertakes to give facilities for the transference
of these
troops to Upper Silesia.
3.
The Commission shall enjoy all the powers exercised by the
German or the Prussian
Government, except those of legislation or taxation. It shall
also be substituted
for the Government of the province and the Regierungsbezirk.
It shall be within the competence of the Commission to interpret
the powers
hereby conferred upon it and to determine to what extent it shall
exercise them,
and to what extent they shall be left in the hands of the existing
authorities.
Changes in the existing laws and the existing taxation shall
only be brought into
force with the consent of the Commission.
The Commission will maintain order with the help of the troops
which will be at
its disposal, and, to the extent which it may deem necessary,
by means of
gendarmerie recruited among the inhabitants of the country.
The Commission shall provide immediately for the replacement
of the evacuated
German officials and, if occasion arises, shall itself order the
evacuation of
such authorities and proceed to the replacement of such local
authorities as may
be required.
It shall take all steps which it thinks proper to ensure the
freedom, fairness,
and secrecy of the vote. In particular, it shall have the right
to order the
expulsion of any person who may in any way have attempted to distort
the result
of the plebiscite by methods of corruption or intimidation.
The Commission shall have full power to settle all questions
arising from the
execution of the present clauses. It shall be assisted by technical
advisers
chosen by it from among the local population.
The decisions of the Commission shall be taken by a majority
vote.
4.
The vote shall take place at such date as may be determined
by the Principal
Allied and Associated Powers, but not sooner than six months or
later than
eighteen months after the establishment of the Commission in the
area.
The right to vote shall be given to all persons without distinction
of sex who:
(a) Have completed their twentieth year on the 1st January
of the year in which
the plebiscite takes place-
(b) Were born in the plebiscite area or have been domiciled
there since a date to
be determined by the Commission, which shall not be subsequent
to January 1,
1919, or who have been expelled by the German authorities and
have not retained
their domicile there.
Persons convicted of political offences shall be enabled to
exercise their right
of voting.
Every person will vote in the commune where he is domiciled
or in which he was
born, if he has not retained his domicile in the area.
The result of the vote will be determined by communes according
to the majority
of votes in each commune.
5.
On the conclusion of the voting, the number of votes cast in
each commune will be
communicated by the Commission to the Principal Allied and Associated
Powers,
with a full report as to the taking of the vote and a recommendation
as to the
line which ought to be adopted as the frontier of Germany in Upper
Silesia. In
this recommendation regard will be paid to the wishes of the inhabitants
as shown
by the vote, and to the geographical and economic conditions of
the locality.
6.
As soon as the frontier has been fixed by the Principal Allied
and Associated
Powers, the German authorities will be notified by the International
Commission
that they are free to take over the administration of the territory
which it is
recognised should be German, the said authorities must proceed
to do so within
one month of such notification and in the manner prescribed by
the Commission.
Within the same period and in the manner prescribed by the
commission, the Polish
Government must proceed to take over the administration of the
territory which it
is recognized should be Polish.
When the administration of the territory has been provided
for by the German and
Polish authorities respectively, the powers of the Commission
will terminate.
The cost of the army of occupation and expenditure by the Commission,
whether in
discharge of its own functions or in the administration of the
territory, will be
a charge on the area.
ARTICLE 89.
Poland undertakes to accord freedom of transit to persons,
goods, vessels,
carriages, wagons, and mails in transit between East Prussia and
the rest of
Germany over Polish territory, including territorial waters, and
to treat them at
least as favourably as the persons, goods, vessels, carriages,
wagons and mails
respectively of Polish or of any other more favoured nationality,
origin
importation, starting point, or ownerships as regards facilities,
restrictions
and all other matters.
Goods in transit shall be exempt from all customs or other
similar duties.
Freedom of transit will extend to telegraphic and telephonic
services under the
conditions laid down by the conventions referred to in Article
98.
ARTICLE 90.
Poland undertakes to permit for a period of fifteen years the
exportation to
Germany of the products of the mines in any part of Upper Silesia
transferred to
Poland in accordance with the present Treaty.
Such products shall be free from all export duties or other
charges or
restrictions on exportation.
Poland agrees to take such steps as may be necessary to secure
that any such
products shall be available for sale to purchasers in Germany
on terms as
favourable as are applicable to like products sold under similar
conditions to
purchasers in Poland or in any other country.
ARTICLE 91.
German nationals habitually resident in territories recognised
as forming part of
Poland will acquire Polish nationality ipso facto and will lose
their German
nationality. German nationals, however, or their descendants who
became resident
in these territories after January 1, 1908, will not acquire Polish
nationality
without a special authorisation from the Polish State.
Within a period of two years after the coming into force of
the present Treaty,
German nationals over 18 years of age habitually resident in any
of the
territories recognised as forming part of Poland will be entitled
to opt for
German nationality.
Poles who are German nationals over 18 years of age and habitually
resident in
Germany will have a similar right to opt for Polish nationality.
Option by a husband will cover his wife and option by parents
will cover their
children under 18 years of age.
Persons who have exercised the above right to opt may within
the succeeding
twelve months transfer their place of residence to the State for
which they have
opted.
They will be entitled to retain their immovable property in
the territory of the
other State where they had their place of residence before exercising
the right
to opt.
They may carry with them their movable property of every description.
No export
or import duties or charges may be imposed upon them in connection
with the
removal of such property.
Within the same period Poles who are German nationals and are
in a foreign
country will be entitled, in the absence of any provisions to
the contrary in the
foreign law, and if they have not acquired the foreign nationality,
to obtain
Polish nationality and to lose their German nationality by complying
with the
requirements laid down by the Polish State.
In the portion of Upper Silesia submitted to a plebiscite the
provisions of this
Article shall only come into force as from the definitive attribution
of the
territory.
ARTICLE 92.
The proportion and the nature of the financial liabilities
of Germany and Prussia
which are to be borne by Poland will be determined in accordance
with Article 254
of Part IX (Financial Clauses) of the present Treaty.
There shall be excluded from the share of such financial liabilities
assumed by
Poland that portion of the debt which, according to the finding
of the Reparation
Commission referred to in the above-mentioned Article, arises
from measures
adopted by the German and Prussian Governments with a view to
German colonisation
in Poland.
In fixing under Article 256 of the present Treaty the value
of the property and
possessions belonging to the German Empire and to the German States
which pass to
Poland with the territory transferred above, the Reparation Commission
shall
exclude from the valuation buildings, forests, and other State
property which
belonged to the former Kingdom of Poland; Poland shall acquire
these properties
free of all costs and charges.
In all the German territory transferred in accordance with
the present Treaty and
recognised as forming definitively part of Poland, the property,
rights, and
interests of German nationals shall not be liquidated under Article
297 by the
Polish Government except in accordance with the following provisions:
(1) The proceeds of the liquidation shall be paid direct to
the owner;
(2) If on his application the Mixed Arbitral Tribunal provided
for by Section VI
of Part X (Economic Clauses) of the present Treaty, or an arbitrator
appointed by
that Tribunal, is satisfied that the conditions of the sale or
measures taken by
the Polish Government outside its general legislation were unfairly
prejudicial
to the price obtained, they shall have discretion to award to
the owner equitable
compensation to be paid by the Polish Government.
Further agreements will regulate all questions arising out
of the cession of the
above territory which are not regulated by the present Treaty.
ARTICLE 93.
Poland accepts and agrees to embody in a Treaty with the Principal
Allied and
Associated Powers such provisions as may be deemed necessary by
the said Powers
to protect the interests of inhabitants of Poland who differ from
the majority of
the population in race, language, or religion.
Poland further accepts and agrees to embody in a Treaty with
the said Powers such
provisions as they may deem necessary to protect freedom of transit
and equitable
treatment of the commerce of other nations.
SECTION IX.
EAST PRUSSIA.
ARTICLE 94.
In the area between the southern frontier of East Prussia,
as described in
Article 28 of Part II (Boundaries of Germany) of the present Treaty,
and the line
described below, the inhabitants will be called upon to indicate
by a vote the
State to which they wish to belong:
The western and northern boundary of Regierungsbezirk Allenstein
to its junction
with the boundary between the Kreise of Oletsko and Angerburg;
thence, the
northern boundary of the Kreis of Oletsko to its junction with
the old frontier
of East Prussia.
ARTICLE 95.
The German troops and authorities will be withdrawn from the
area defined above
within a period not exceeding fifteen days after the coming into
force of the
present treaty. Until the evacuation is completed they will abstain
from all
requisitions in money or in kind and from all measures injurious
to the economic
interests of the country.
On the expiration of the above-mentioned period the said area
will be placed
under the authority of an International Commission of five members
appointed by
the Principal Allied and Associated Powers. This Commission will
have general
powers of administration and, in particular, will be charged with
the duty of
arranging for the vote and of taking such measures as it may deem
necessary to
ensure its freedom, fairness, and secrecy. The Commission will
have all necessary
authority to decide any questions to which the execution of these
provisions may
give rise. The Commission will make such arrangements as may be
necessary for
assistance in the exercise of its functions by officials chosen
by itself from
the local population. Its decisions will be taken by a majority.
Every person, irrespective of sex, will be entitled to vote
who:
(a) Is 20 years of age at the date of the coming into force
of the present
Treaty, and
(b) Was born within the area where the vote will take place
or has been
habitually resident there from a date to be fixed by the Commission.
Every person will vote in the commune where he is habitually
resident or, if not
habitually resident in the area, in the commune where he was born.
The result of the vote will be determined by communes (Gemeinde)
according to the
majority of the votes in each commune.
On the conclusion of the voting the number of votes cast in
each commune will be
communicated by the Commission to the Principal Allied and Associated
Powers,
with a full report as the taking of the vote and a recommendation
as to the line
which ought to be adopted as the boundary of East Prussia in this
region . In
this recommendation regard will be paid to the wishes of the inhabitants
as shown
by the vote and to the geographical and economic conditions of
the locality. The
Principal Allied and Associated Powers will then fix the frontier
between East
Prussia and Poland in this region.
If the line fixed by the Principal Allied and Associated Powers
is such as to
exclude from East Prussia any part of the territory defined in
Article 94, the
renunciation of its rights by Germany in favour of Poland, as
provided in Article
87 above, will extend to the territories so excluded.
As soon as the line has been fixed by the Principal Allied
and Associated Powers,
the authorities administering East Prussia will be notified by
the International
Commission that they are free to take over the administration
of the territory to
the north of the line so fixed, which they shall proceed to do
within one month
of such notification and in the manner prescribed by the Commission.
Within the
same period and as prescribed by the Commission, the Polish Government
must
proceed to take over the administration of the territory to the
south of the
line. The administration of the territory by the East Prussian
and Polish
authorities respectively has been provided for, the powers of
the Commission will
terminate.
Expenditure by the Commission, whether in the discharge of
its own functions or
in the administration of the territory, will be borne by the local
revenues East
Prussia will be required to bear such proportion of any deficit
as may be fixed
by the Principal Allied and Associated Powers.
ARTICLE 96.
In the area comprising the Kreise of Stuhm and Rosenberg and
the portion of the
Kreis of Marienburg which is situated east of the Nogat and that
of Marienwerder
east of the Vistula, the inhabitants will be called upon to indicate
by a vote,
to be taken in each commune (Gemeinde), whether they desire the
various communes
situated in this territory to belong to Poland or to East Prussia.
ARTICLE 97.
The German troops and authorities will be withdrawn from the
area defined in
Article 96 within a period not exceeding fifteen days after the
coming into force
of the present Treaty. Until the evacuation is completed they
will abstain from
all requisitions in money or in kind and from all measures injurious
to the
economic interests of the country.
On the expiration of the above-mentioned period, the said area
will be placed
under the authority of an International Commission of five members
appointed by
the Principal Allied and Associated Powers. This Commission, supported
if
occasion arises by the necessary forces, will have general powers
of
administration and in particular will be charged with the duty
of arranging for
the vote and of taking such measures as it may deem necessary
to ensure its
freedom, fairness, and secrecy. The Commission will conform as
far as possible to
the provisions of the present Treaty relating to the plebiscite
in the Allenstein
area; its decisions will be taken by a majority.
Expenditure by the Commission, whether in the discharge of
its own functions or
in the administration of the territory, will be borne by the local
revenues.
On the conclusion of the voting the number of votes cast in
each commune will be
communicated by the Commission to the Principal Allied and Associated
Powers with
a full report as to the taking of the vote and a recommendation
as to the line
which ought to be adopted as the boundary of East Prussia in this
region. In this
recommendation regard will be paid to the wishes of the inhabitants
as shown by
the vote and to the geographical and economic conditions of the
locality. The
Principal Allied and Associated Powers will then fix the frontier
between East
Prussia and Poland in this region, leaving in any case to Poland
for the whole of
the section bordering on the Vistula full and complete control
of the river
including the east bank as far east of the river as may be necessary
for its
regulation and improvement, Germany agrees that in any portion
of the said
territory which remains German, no fortifications shall at any
time be erected.
The Principal Allied and Associated Powers will at the same time
draw up
regulations for assuring to the population of East Prussia to
the fullest extent
and under equitable conditions access to the Vistula and the use
of it for
themselves, their commerce, and their boats.
The determination of the frontier and the foregoing regulations
shall be binding
upon all the parties concerned.
When the administration of the territory has been taken over
by the East Prussian
and Polish authorities respectively, the powers of the Commission
will terminate.
ARTICLE 98.
Germany and Poland undertake, within one year of the coming
into force of this
Treaty, to enter into conventions of which the terms, in case
of difference,
shall be settled by the Council of the League of Nations, with
the object of
securing, on the one hand, to Germany full and adequate railroad,
telegraphic and
telephonic facilities for communication between the rest of Germany
and East
Prussia over the intervening Polish territory, and on the other
hand to Poland
full and adequate railroad, telegraphic and telephonic facilities
for
communication between Poland and the Free City of Danzig over
any German
territory that may, on the right bank of the Vistula, intervene
between Poland
and the Free City of Danzig.
SECTION X.
MEMEL.
ARTICLE 99.
Germany renounces in favour of the Principal Allied and Associated
Powers all
rights and title over the territories included between the Baltic,
the
north-eastern frontier of East Prussia as defined in Article 28
of Part II
(Boundaries of Germany) of the present Treaty and the former frontier
between
Germany and Russia. Germany undertakes to accept the settlement
made by the
Principal Allied and Associated Powers in regard to these territories,
particularly in so far as concerns the nationality of the inhabitants.
SECTION XI.
FREE CITY OF DANZIG.
ARTICLE 100.
Germany renounces in favour of the Principal Allied and Associated
Powers all
rights and title over the territory comprised within the following
limits:
from the Baltic Sea southwards to the point where the principal
channels of
navigation of the Nogat and the Vistula (Weichsel) meet:
the boundary of East Prussia as described in Article 28 of
Part II (Boundaries of
Germany) of the present Treaty;
thence the principal channel of navigation of the Vistula downstream
to a point
about 6-1/2 kilometres north of the bridge of Dirschau;
thence north-west to point 5-1/2 kilometres south-east of the
church of Guttland:
a line to be fixed on the ground,
thence in a general westerly direction to the salient made
by the boundary of the
Kreis of Berent 8-1/2 kilometres north-east of Schoneck:
a line to be fixed on the ground passing between Muhlbanz on
the south and
Rambeltsch on the north;
thence the boundary of the Kreis of Berent westwards to the
re-entrant which it
forms 6 kilometres north-north-west Schoneck; thence to a point
on the median
line of Lonkener See:
a line to be fixed on the ground passing north of Neu Fietz
and Schatarpi and
south of Barenhutte and Lonken;
thence the median line of Lonkener See to its northernmost
point;
thence to the southern end of Pollenziner See:
a line to be fixed on the ground;
thence the median line of Pollenziner See to its northernmost
point;
thence in a north-easterly direction to a point about 1 kilometre
south of
Koliebken church, where the Danzig-Neustadt railway crosses a
stream:
a line to be fixed on the ground passing south-east of Kamehlen,
Krissau, Fidlin,
Sulmin (Richthof), Mattern, Schaferei, and to the north-west of
Neuendorf,
Marschau, Czapielken, Hoch- and Klein-Kelpin, Pulvermuhl, Renneberg,
and the
towns of Oliva and Zoppot;
thence the course of the stream mentioned above to the Baltic
Sea. The boundaries
described above are drawn on a German map, scale 1/100,000, attached
to the
present Treaty (Map No. 3).
ARTICLE 101.
A Commission composed of three members appointed by the Principal
Allied and
Associated Powers, including a High Commissioner as President,
one member
appointed by Germany and one member appointed by Poland, shall
be constituted
within fifteen days of the coming into force of the present Treaty
for the
purpose of delimiting on the spot the frontier of the territory
as described
above, taking into account as far as possible the existing communal
boundaries.
ARTICLE 102.
The Principal Allied and Associated Powers undertake to establish
the town of
Danzig, together with the rest of the territory described in Article
100, as a
Free City. It will be placed under the protection of the League
of Nations.
ARTICLE 103.
A constitution for the Free City of Danzig shall be drawn up
by the duly
appointed representatives of the Free City in agreement with a
High Commissioner
to be appointed by the League of Nations. This constitution shall
be placed under
the guarantee of the League of Nations.
The High Commissioner will also be entrusted with the duty
of dealing in the
first instance with all differences arising between Poland and
the Free City of
Danzig in regard to this Treaty or any arrangements or agreements
made
thereunder.
The High Commissioner shall reside at Danzig.
ARTICLE 104.
The Principal Allied and Associated Powers undertake to negotiate
a Treaty
between the Polish Government and the Free City of Danzig, which
shall come into
force at the same time as the establishment of the said Free City,
with the
following objects:
(1) To effect the inclusion of the Free City of Danzig within
the Polish Customs
frontiers, and to establish a free area in the port;
(2) To ensure to Poland without any restriction the free use
and service of all
waterways, docks, basins, wharves and other works within the territory
of the
Free City necessary for Polish imports and exports;
(3) To ensure to Poland the control and administration of the
Vistula and of the
whole railway system within the Free City, except such street
and other railways
as serve primarily the needs of the Free City, and of postal,
telegraphic and
telephonic communication between Poland and the port of Danzig;
(4) To ensure to Poland the right to develop and improve the
waterways, docks,
basins, wharves, railways and other works and means of communication
mentioned in
this Article, as well as to lease or purchase through appropriate
processes such
land and other property as may be necessary for these purposes,
(5) To provide against any discrimination within the Free City
of Danzig to the
detriment of citizens of Poland and other persons of Polish origin
or speech;
(6) To provide that the Polish Government shall undertake the
conduct of the
foreign relations of the Free City of Danzig as well as the diplomatic
protection
of citizens of that city when abroad.
ARTICLE 105.
On the coming into force of the present Treaty German nationals
ordinarily
resident in the territory described in Article 100 will ipso facto
lose their
German nationality in order to become nationals of the Free City
of Danzig.
ARTICLE 106.
Within a period of two years from the coming into force of
the present Treaty,
German nationals over 18 years of age ordinarily resident in the
territory
described in Article 100 will have the right to opt for German
nationality.
Option by a husband will cover his wife and option by parents
will cover their
children less than 18 years of age.
All persons who exercise the right of option referred to above
must during the
ensuing twelve months transfer their place of residence to Germany.
These persons will be entitled to preserve the immovable property
possessed by
them in the territory of the Free City of Danzig. They may carry
with them their
movable property of every description. No export or import duties
shall be
imposed upon upon them in this connection.
ARTICLE 107.
All property situated within the territory of the Free City
of Danzig belonging
to the German Empire or to any German State shall pass to the
Principal Allied
and Associated Powers for transfer to the Free City of Danzig
or to the Polish
State as they may consider equitable.
ARTICLE 108.
The proportion and nature of the financial liabilities of Germany
and of Prussia
to be borne by the Free City of Danzig shall be fixed in accordance
with Article
254 of Part IX (Financial Clauses) of the present Treaty.
All other questions which may arise from the cession of the
territory referred to
in Article 100 shall be settled by further agreements.
SECTION XII.
SCHLESWIG.
ARTICLE 109.
The frontier between Germany and Denmark shall be fixed in
conformity with the
wishes of the population.
For this purpose, the population inhabiting the territories
of the former German
Empire situated to the north of a line, from East to West, (shown
by a brown line
on the map No. 4, annexed to the present Treaty):
leaving the Baltic Sea about 13 kilometres east-north-east
of Flensburg,
running south-west so as to pass south-east of: Sygum, Ringsberg,
Munkbrarup,
Adelby, Tastrup, Jarplund, Oversee, and northwest of: Langballigholz,
Langballig,
Bonstrup, Rullschau, Weseby, Kleinwolstrup, Gross-Solt,
thence westwards passing south of Frorup and north of Wanderup,
thence in a south-westerly direction passing south-east of
Oxlund, Stieglund and
Ostenau and north-west of the villages on the Wanderup-Kollund
road,
thence in a north-westerly direction passing south-west of
Lowenstedt, Joldelund,
Goldelund, and north-east of Kolkerheide and Hogel to the bend
of the Soholmer
Au, about 1 kilometre east of Soholm, where it meets the southern
boundary of the
Kreis of Tondern, following this boundary to the North Sea,passing
south of the
islands of Fohr and Amrum and north of the islands of Oland and
Langeness, shall
be called upon to pronounce by a vote which will be taken under
the following
conditions:
(1) Within a period not exceeding ten days from the coming
into force of the
present Treaty, the German troops and authorities (including the
Oberprasidenten,
Regierungs-prasidenten, Landrathe, Amtsvorsteher, Oberburgermeister)
shall
evacuate the zone lying to the north of the line above fixed.
Within the same period the Workmen's and Soldiers', Councils
which have been
constituted in this zone shall be dissolved; members of such councils
who are
natives of another region and are exercising their functions at
the date of the
coming into force of the present Treaty, or who have gone out
of office since
March 1, 1919, shall also be evacuated.
The said zone shall immediately be placed under the authority
of an International
Commission, composed of five members, of whom three will be designated
by the
Principal Allied and Associated Powers; the Norwegian and Swedish
Governments
will each be requested to designate a member; in the event of
their failing to do
so, these two members will be chosen by the Principal Allied and
Associated
Powers.
The Commission, assisted in case of need by the necessary forces,
shall have
general powers of administration. In particular, it shall at once
provide for
filling the places of the evacuated German authorities, and if
necessary shall
itself give orders for their evacuation, and proceed to fill the
places of such
local authorities as may be required. It shall take all steps
which it thinks
proper to ensure the freedom, fairness, and secrecy of the vote.
It shall be
assisted by German and Danish technical advisers chosen by it
from among the
local population. Its decisions will be taken by a majority.
One-half of the expenses of the Commission and of the expenditure
occasioned by
the plebiscite shall be paid by Germany.
(2) The right to vote shall be given to all persons, without
distinction of sex,
who:
(a) Have completed their twentieth year at the date of the
coming into force of
the present Treaty; and
(b) Were born in the zone in which the plebiscite is taken,
or have been
domiciled there since a date before January 1, 1900, or had been
expelled by the
German authorities without having retained their domicile there.
Every person will vote in the commune (Gemeinde) where he is
domiciled or of
which he is a native.
Military persons, officers, non-commissioned officers and soldiers
of the German
army, who are natives of the zone of Schleswig in which the plebiscite
is taken,
shall be given the opportunity to return to their native place
in order to take
part in the voting there.
(3) In the section of the evacuated zone lying to the north
of a line, from East
to West (shown by a red line on map No. 4 which is annexed to
the present
Treaty). [See Introduction]:
passing south of the island of Alsen and following the median
line of Flensburg
Fjord,
leaving the fjord about 6 kilometres north of Flensburg and
following the course
of the stream flowing past Kupfermuhle upstream to a point north
of Niehuus,
passing north of Pattburg and Ellund and south of Froslee to
meet the eastern
boundary of the Kreis of Tondern at its junction with the boundary
between the
old jurisdiction of Slogs and Kjaer (Slogs, Herred, and Kaer Herred),
following the latter boundary to where it meets the Scheidebek,
following the
course of the Scheidebek (AIte Au), Suder Au, and Wied Au downstream
successively
to the point where the latter bends northwards about 1,500 metres
west of
Ruttebull
thence, in a west-north-westerly direction to meet the North
Sea north of
SieItoft,
thence, passing north of the island of Sylt,
the vote above provided for shall be taken within a period
not exceeding three
weeks after the evacuation of the country by the German troops
and authorities.
The result will be determined by the majority of votes cast
in the whole of this
section. This result will be immediately communicated by the Commission
to the
Principal Allied and Associated Powers and proclaimed.
If the vote results in favour of the reincorporation of this
territory in the
Kingdom of Denmark, the Danish Government in agreement with the
Commission will
be entitled to effect its occupation with their military and administrative
authorities immediately after the proclamation.
(4) In the section of the evacuated zone situated to the south
of the preceding
section and to the north of the line which starts from the Baltic
Sea 13
kilometres from Flensburg and ends north of the islands of Oland
and Langeness,
the vote will be taken within a period not exceeding five weeks
after the
plebiscite shall have been held in the first section.
The result will be determined by communes (Gemeinden), in accordance
with the
majority of the votes cast in each commune (Gemeinde).
ARTICLE 110.
Pending a delimitation on the spot, a frontier line will be
fixed by the
Principal Allied and Associated Powers according to a line based
on the result of
the voting, and proposed by the International Commission, and
taking into account
the particular geographical and economic conditions of the localities
in
question.
From that time the Danish Government may effect the occupation
of these
territories with the Danish civil and military authorities, and
the German
Government may reinstate up to the said frontier line the German
civil and
military authorities whom it has evacuated.
Germany hereby renounces definitely in favour of the Principal
Allied and
Associated Powers all rights of sovereignty over the territories
situated to the
north of the frontier line fixed in accordance with the above
provisions. The
Principal Allied and Associated Powers will hand over the said
territories to
Denmark.
ARTICLE 111.
A Commission composed of seven members, five of whom shall
be nominated by the
Principal Allied and Associated Powers, one by Denmark, and one
by Germany, shall
be constituted within fifteen days from the date when the final
result of the
vote is known, to trace the frontier line on the spot.
The decisions of the Commission will be taken by a majority
of votes and shall be
binding on the parties concerned.
ARTICLE 112.
All the inhabitants of the territory which is returned to Denmark
will acquire
Danish nationality ipso facto, and will lose their German nationality.
Persons, however, who had become habitually resident in this
territory after
October 1, 1918, will not be able to acquire Danish nationality
without
permission from the Danish Government.
ARTICLE 113.
Within two years from the date on which the sovereignty over
the whole or part of
the territory of Schleswig subjected to the plebiscite is restored
to Denmark:
Any person over 18 years of age, born in the territory restored
to Denmark not
habitually resident in this region, and possessing German nationality,
will be
entitled to opt for Denmark;
Any person over 18 years of age habitually resident in the territory
restored to
Denmark will be entitled to opt for Germany.
Option by a husband will cover his wife and option by parents
will cover their
children less than 18 years of age.
Persons who have exercised the above right to opt must within
the ensuing twelve
months transfer their place of residence to the State in favour
of which they
have opted.
They will be entitled to retain the immovable property which
they own in the
territory of the other State in which they were habitually resident
before
opting. They may carry with them their movable property of every
description. No
export or import duties may be imposed upon them in connection
with the removal
of such property.
ARTICLE 114.
The proportion and nature of the financial or other obligations
of Germany and
Prussia which are to be assumed by Denmark will be fixed in accordance
with
Article 254 of Part IX (Financial Clauses) of the present Treaty.
Further stipulations will determine any other questions arising
out of the
transfer to Denmark of the whole or part of the territory of which
she was
deprived by the Treaty of October 30, 1864.
SECTION XIII.
HELIGOLAND.
ARTICLE 115.
The fortifications, military establishments, and harbours,
of the Islands of
Heligoland and Dune shall be destroyed under the supervision of
the Principal
Allied Governments by German labour and at the expense of Germany
within a period
to be determined by the said Governments.
The term "harbours,, shall include the north-east mole,
the west wall, the outer
and inner breakwaters, and reclaimed land within them, and all
naval and military
works, fortifications, and buildings, constructed or under construction,
between
lines connecting the following positions taken from the British
Admiralty chart
No. 126 of April 19, 1918:
(a) lat. 54° 10' 49" N.; long. 7° 53' 39"
E.; (b) ­54° 10' 35" N.; ­ 7° 54' 18"
E.; (c) ­54° 10' 14" N.; ­ 7° 54' 00"
E.; (d) ­54° 10' 17" N.; ­ 7° 53' 37"
E.;
(e) ­54° 10' 44" N.; ­ 7° 53' 26" E.
These fortifications, military establishments, and harbours
shall not be
reconstructed nor shall any similar works be constructed in future.
SECTION XIV.
RUSSIA AND RUSSIAN STATES.
ARTICLE 116.
Germany acknowledges and agrees to respect as permanent and
inalienable the
independence of all the territories which were part of the former
Russian Empire
on August 1, 1914.
In accordance with the provisions of Article 259 of Part IX
(Financial Clauses)
and Article 292 of Part X (Economic Clauses) Germany accepts definitely
the
abrogation of the Brest-Litovsk Treaties and of all other treaties,
conventions,
and agreements entered into by her with the Maximalist Government
in Russia.
The Allied and Associated Powers formally reserve the rights
of Russia to obtain
from Germany restitution and reparation based on the principles
of the present
Treaty.
ARTICLE 117.
Germany undertakes to recognise the full force of all treaties
or agreements
which may be entered into by the Allied and Associated Powers
with States now
existing or coming into existence in future in the whole or part
of the former
Empire of Russia as it existed on August 1, 1914, and to recognise
the frontiers
of any such States as determined therein.
MANDATES IN AFRICA
[see MAP]
PART IV
GERMAN RIGHTS AND INTERESTS OUTSIDE GERMANY.
ARTICLE 118.
In territory outside her European frontiers as fixed by the
present Treaty,
Germany renounces all rights, titles and privileges whatever in
or over territory
which belonged to her or to her allies, and all rights, titles
and privileges
whatever their origin which she held as against the Allied and
Associated Powers.
Germany hereby undertakes to recognise and to conform to the
measures which may
be taken now or in the future by the Principal Allied and Associated
Powers, in
agreement where necessary with third Powers, in order to carry
the above
stipulation into effect.
In particular Germany declares her acceptance of the following
Articles relating
to certain special subjects.
SECTION I.
GERMAN COLONIES.
ARTICLE 119.
Germany renounces in favour of the Principal Allied and Associated
Powers all her
rights and titles over her oversea possessions.
ARTICLE 120.
All movable and immovable property in such territories belonging
to the German
Empire or to any German State shall pass to the Government exercising
authority
over such territories, on the terms laid down in Article 257 of
Part IX
(Financial Clauses) of the present Treaty. The decision of the
local courts in
any dispute as to the nature of such property shall be final.
ARTICLE 121.
The provisions of Sections I and IV of Part X (Economic Clauses)
of the present
Treaty shall apply in the case of these territories whatever be
the form of
Government adopted for them.
ARTICLE 122.
The Government exercising authority over such territories may
make such
provisions as it thinks fit with reference to the repatriation
from them of
German nationals and to the conditions upon which German subjects
of European
origin shall, or shall not, be allowed to reside, hold property,
trade or
exercise a profession in them.
ARTICLE 123.
The provisions of Article 260 of Part IX (Financial Clauses)
of the present
Treaty shall apply in the case of all agreements concluded with
German nationals
for the construction or exploitation of public works in the German
oversea
possessions, as well as any sub-concessions or contracts resulting
therefrom
which may have been made to or with such nationals.
ARTICLE 124.
Germany hereby undertakes to pay, in accordance with the estimate
to be presented
by the French Government and approved by the Reparation Commission,
reparation
for damage suffered by French nationals in the Cameroons or the
frontier zone by
reason of the acts of the German civil and military authorities
and of German
private individuals during the period from January 1, 1900, to
August 1, 1914.
ARTICLE 125.
Germany renounces all rights under the Conventions and Agreements
with France of
November 4, 1911, and September 28, 1912, relating to Equatorial
Africa. She
undertakes to pay to the French Government, in accordance with
the estimate to be
presented by that Government and approved by the Reparation Commission,
all the
deposits, credits, advances, etc., effected by virtue of these
instruments in
favour of Germany.
ARTICLE 126.
Germany undertakes to accept and observe the agreements made
or to be made by the
Allied and Associated Powers or some of them with any other Power
with regard to
the trade in arms and spirits, and to the matters dealt with in
the General Act
of Berlin of February 26, 1885, the General Act of Brussels of
July 2, 1890, and
the conventions completing or modifying the same.
ARTICLE 127.
The native inhabitants of the former German oversea possessions
shall be entitled
to the diplomatic protection of the Governments exercising authority
over those
territories.
SECTION II.
CHINA.
ARTICLE 128.
Germany renounces in favour of China all benefits and privileges
resulting from
the provisions of the final Protocol signed at Peking on September
7, 1901, and
from all annexes, notes and documents supplementary thereto. She
likewise
renounces in favour of China any claim to indemnities accruing
thereunder
subsequent to March 14, 1917.
ARTICLE 129.
From the coming into force of the present Treaty the High Contracting
Parties
shall apply, in so far as concerns them respectively:
(1) The Arrangement of August 29, 1902, regarding the new Chinese
customs tariff;
(2) The Arrangement of September 27, 1905, regarding Whang-Poo,
and the
provisional supplementary Arrangement of April 4, 1912.
China, however, will no longer be bound to grant to Germany
the advantages or
privileges which she allowed Germany under these Arrangements.
[SEE MAP p. 87]
ARTICLE 130.
Subject to the provisions of Section VIII of this Part, Germany
cedes to China
all the buildings, wharves and pontoons, barracks, forts, arms
and munitions of
war, vessels of all kinds, wireless telegraphy installations and
other public
property belonging to the German Government, which are situated
or may be in the
German Concessions at Tientsin and Hankow or elsewhere in Chinese
territory.
It is understood, however, that premises used as diplomatic
or consular
residences or offices are not included in the above cession, and,
furthermore,
that no steps shall be taken by the Chinese Government to dispose
of the German
public and private property situated within the so-called Legation
Quarter at
Peking without the consent of the Diplomatic Representatives of
the Powers which,
on the coming into force of the present Treaty, remain Parties
to the Final
Protocol of September 7, 1901.
ARTICLE 131.
Germany undertakes to restore to China within twelve months
from the coming into
force of the present Treaty all the astronomical instruments which
her troops in
1900-1901 carried away from China, and to defray all expenses
which may be
incurred in effecting such restoration, including the expenses
of dismounting,
packing, transporting, insurance and installation in Peking.
ARTICLE 132.
Germany agrees to the abrogation of the leases from the Chinese
Government under
which the German Concessions at Hankow and Tientsin are now held.
China, restored to the full exercise of her sovereign rights
in the above areas,
declares her intention of opening them to international residence
and trade. She
further declares that the abrogation of the leases under which
these concessions
are now held shall not affect the property rights of nationals
of Allied and
Associated Powers who are holders of lots in these concessions.
ARTICLE 133
Germany waives all claims against the Chinese Government or
against any Allied or
Associated Government arising out of the internment of German
nationals in China
and their repatriation. She equally renounces all claims arising
out of the
capture and condemnation of German ships in China, or the liquidation,
sequestration or control of German properties, rights and interests
in that
country since August 14, 1917. This provision, however, shall
not affect the
rights of the parties interested in the proceeds of any such liquidation,
which
shall be governed by the provisions of Part X (Economic Clauses)
of the present
Treaty.
ARTICLE 134
Germany renounces in favour of the Government of His Britannic
Majesty the German
State property in the British Concession at Shameen at Canton.
She renounces in
favour of the French and Chinese Governments conjointly the property
of the
German school situated in the French Concession at Shanghai.
SECTION III.
SIAM.
ARTICLE 135.
Germany recognises that all treaties, conventions and agreements
between her and
Siam, and all rights, title and privileges derived therefrom,
including all
rights of extraterritorial jurisdiction, terminated as from July
22, 1917.
ARTICLE 136.
All goods and property in Siam belonging to the German Empire
or to any German
State, with the exception of premises used as diplomatic or consular
residences
or offices, pass ipso facto and without compensation to the Siamese
Government.
The goods, property and private rights of German nationals
in Siam shall be dealt
with in accordance with the provisions of Part X (Economic Clauses)
of the
present Treaty.
ARTICLE 137
Germany waives all claims against the Siamese Government on
behalf of herself or
her nationals arising out of the seizure or condemnation of German
ships, the
liquidation of German property, or the internment of German nationals
in Siam.
This provision shall not affect the rights of the parties interested
in the
proceeds of any such liquidation, which shall be governed by the
provisions of
Part X (Economic Clauses) of the present Treaty.
SECTION IV.
LIBERIA.
ARTICLE 138.
Germany renounces all rights and privileges arising from the
arrangements of 1911
and 1912 regarding Liberia, and particularly the right to nominate
a German
Receiver of Customs in Liberia.
She further renounces all claim to participate in any measures
whatsoever which
may be adopted for the rehabilitation of Liberia.
ARTICLE 139.
Germany recognises that all treaties and arrangements between
her and Liberia
terminated as from August 4, 1917.
ARTICLE 140
The property, rights and interests of Germans in Liberia shall
be dealt with in
accordance with Part X (Economic Clauses) of the present Treaty.
SECTION V.
MOROCCO.
ARTICLE 141.
Germany renounces all rights, titles and privileges conferred
on her by the
General Act of Algeciras of April 7, 1906, and by the Franco-German
Agreements of
February 9, 1909, and November 4, 1911. All treaties, agreements,
arrangements
and contracts concluded by her with the Sherifian Empire are regarded
as
abrogated as from August 3, 1914
In no case can Germany take advantage of these instruments
and she undertakes not
to intervene in any way in negotiations relating to Morocco which
may take place
between France and the other Powers.
ARTICLE 142.
Germany having recognised the French Protectorate in Morocco,
hereby accepts all
the consequences of its establishment, and she renounces the regime
of the
capitulations therein.
This renunciation shall take effect as from August 3, 1914.
ARTICLE 143.
The Sherifian Government shall have complete liberty of action
in regulating the
status of German nationals in Morocco and the conditions in which
they may
establish themselves there.
German protected persons, semsars and "associes agricoles",
shall be considered
as having ceased, as from August 3, 1914, to enjoy the privileges
attached to
their status and shall be subject to the ordinary law.
ARTICLE 144.
All property and possessions in the Sherifian Empire of the
German Empire and the
German States pass to the Maghzen without payment.
For this purpose, the property and possessions of the German
Empire and States
shall be deemed to include all the property of the Crown, the
Empire or the
States, and the private property of the former German Emperor
and other Royal
personages.
All movable and immovable property in the Sherifian Empire
belonging to German
nationals shall be dealt with in accordance with Sections III
and IV of Part X
(Economic Clauses) of the present Treaty.
Mining rights which may be recognised as belonging to German
nationals by the
Court of Arbitration set up under the Moroccan Mining Regulations
shall form the
subject of a valuation, which the arbitrators shall be requested
to make, and
these rights shall then be treated in the same way as property
in Morocco
belonging to German nationals.
ARTICLE 145.
The German Government shall ensure the transfer to a person
nominated by the
French Government of the shares representing Germany's portion
of the capital of
the State Bank of Morocco. The value of these shares, as assessed
by the
Reparation Commission, shall be paid to the Reparation Commission
for the credit
of Germany on account of the sums due for reparation. The German
Government shall
be responsible for indemnifying its nationals so dispossessed.
This transfer will take place without prejudice to the repayment
of debts which
German nationals may have contracted towards the State Bank of
Morocco.
ARTICLE 146.
Moroccan goods entering Germany shall enjoy the treatment accorded
to French
goods
SECTION VI.
EGYPT.
ARTICLE 147.
Germany declares that she recognises the Protectorate proclaimed
over Egypt by
Great Britain on December 18, 1914, and that she renounces the
regime of the
Capitulations in Egypt.
This renunciation shall take effect as from August 4, 1914.
ARTICLE 148
All treaties, agreements, arrangements and contracts concluded
by Germany with
Egypt are regarded as abrogated as from August 4, 1914.
In no case can Germany avail herself of these instruments and
she undertakes not
to intervene in any way in negotiations relating to Egypt which
may take place
between Great Britain and the other Powers.
ARTICLE 149.
Until an Egyptian law of judicial organization establishing
courts with universal
jurisdiction comes into force, provision shall be made, by means
of decrees
issued by His Highness the Sultan, for the exercise of jurisdiction
over German
nationals and property by the British Consular Tribunals.
ARTICLE 150
The Egyptian Government shall have complete liberty of action
in regulating the
status of German nationals and the conditions under which they
may establish
themselves in Egypt.
ARTICLE 151.
Germany consents to the abrogation of the decree issued by
His Highness the
Khedive on November 28, 1914, relating to the Commission of the
Egyptian Public
Debt, or to such changes as the Egyptian Government may think
it desirable to
make therein.
ARTICLE 152.
Germany consents, in so far as she is concerned, to the transfer
to His Britannic
Majesty's Government of the powers conferred on His Imperial Majesty
the Sultan
by the Convention signed at Constantinople on October 29, 1888,
relating to the
free navigation of the Suez Canal.
She renounces all participation in the Sanitary, Maritime,
and Quarantine Board
of Egypt and consents, in so far as she is concerned, to the transfer
to the
Egyptian Authorities of the powers of that Board.
ARTICLE 153.
All property and possessions in Egypt of the German Empire
and the German States
pass to the Egyptian Government without payment.
For this purpose, the property and possessions of the German
Empire and States
shall be deemed to include all the property of the Crown, the
Empire or the
States, and the private property of the former German Emperor
and other Royal
personages.
All movable and immovable property in Egypt belonging to German
nationals shall
be dealt with in accordance with Sections III and IV of Part X
(Economic Clauses)
of the present Treaty.
ARTICLE 154.
Egyptian goods entering Germany shall enjoy the treatment accorded
to British
goods.
SECTION VII
TURKEY AND BULGARIA.
ARTICLE 155.
Germany undertakes to recognise and accept all arrangements
which the Allied and
Associated Powers may make with Turkey and Bulgaria with reference
to any rights,
interests and privileges whatever which might be claimed by Germany
or her
nationals in Turkey and Bulgaria and which are not dealt with
in the provisions
of the present Treaty.
SECTION VIII
SHANTUNG.
ARTICLE 156.
Germany renounces, in favour of Japan, all her rights, title
and
privileges&hibar;particularly those concerning the territory of
Kiaochow, railways,
mines and submarine cables­which she acquired in virtue of
the Treaty concluded
by her with China on March 6 1898, and of all other arrangements
relative to the
Province of Shantung.
All German rights in the Tsingtao-Tsinanfu Railway, including
its branch lines
together with its subsidiary property of all kinds, stations,
shops, fixed and
rolling stock, mines, plant and material for the exploitation
of the mines, are
and remain acquired by Japan, together with all rights and privileges
attaching
thereto.
The German State submarine cables from Tsingtao to Shanghai
and from Tsingtao to
Chefoo, with all the rights, privileges and properties attaching
thereto, are
similarly acquired by Japan, free and clear of all charges and
encumbrances.
ARTICLE 157.
The movable and immovable property owned by the German State
in the territory of
Kiaochow, as well as all the rights which Germany might claim
in consequence of
the works or improvements made or of the expenses incurred by
her, directly or
indirectly, in connection with this territory, are and remain
acquired by Japan,
free and clear of all charges and encumbrances.
ARTICLE 158.
Germany shall hand over to Japan within three months from the
coming into force
of the present Treaty the archives, registers, plans, title-deeds
and documents
of every kind, wherever they may be, relating to the administration,
whether
civil, military, financial, judicial or other, of the territory
of Kiaochow.
Within the same period Germany shall give particulars to Japan
of all treaties,
arrangements or agreements relating to the rights, title or privileges
referred
to in the two preceding Articles.
PART V.
MILITARY, NAVAL AND AIR CLAUSES.
In order to render possible the initiation of a general limitation
of the
armaments of all nations, Germany undertakes strictly to observe
the military,
naval and air clauses which follow.
SECTION I.
MILITARY CLAUSES.
CHAPTER I.
EFFECTIVES AND CADRES OF THE GERMAN ARMY.
ARTICLE 159.
The German military forces shall be demobilised and reduced
as prescribed
hereinafter.
ARTICLE 160.
(1) By a date which must not be later than March 31, 1920,
the German Army must
not comprise more than seven divisions of infantry and three divisions
of
cavalry.
After that date the total number of effectives in the Army
of the States
constituting Germany must not exceed one hundred thousand men,
including officers
and establishments of depots. The Army shall be devoted exclusively
to the
maintenance of order within the territory and to the control of
the frontiers.
The total effective strength of officers, including the personnel
of staffs,
whatever their composition, must not exceed four thousand.
(2) Divisions and Army Corps headquarters staffs shall be organised
in accordance
with Table No. 1 annexed to this Section.
The number and strengths of the units of infantry, artillery,
engineers,
technical services and troops laid down in the aforesaid Table
constitute maxima
which must not be exceeded.
The following units may each have their own depot:
An Infantry regiment; A Cavalry regiment; A regiment of Field
Artillery; A
battalion of Pioneers.
(3) The divisions must not be grouped under more than two army
corps headquarters
staffs.
The maintenance or formation of forces differently grouped
or of other
organisations for the command of troops or for preparation for
war is forbidden.
The Great German General Staff and all similar organisations
shall be dissolved
and may not be reconstituted in any form.
The officers, or persons in the position of officers, in the
Ministries of War in
the different States in Germany and in the Administrations attached
to them, must
not exceed three hundred in number and are included in the maximum
strength of
four thousand laid down in the third sub-paragraph of paragraph
(1) of this
Article.
ARTICLE 161.
Army administrative services consisting of civilian personnel
not included in the
number of effectives prescribed by the present Treaty will have
such personnel
reduced in each class to one-tenth of that laid down in the Budget
of 1913.
ARTICLE 162.
The number of employees or officials of the German States such
as customs
officers, forest guards and coastguards, shall not exceed that
of the employees
or officials functioning in these capacities in 1913.
The number of gendarmes and employees or officials of the local
or municipal
police may only be increased to an extent corresponding to the
increase of
population since 1913 in the districts or municipalities in which
they are
employed.
These employees and officials may not be assembled for military
training.
ARTICLE: 163.
The reduction of the strength of the German military forces
as provided for in
Article 160 may be effected gradually in the following manner:
Within three months from the coming into force of the present
Treaty the total
number of effectives must be reduced to 200,000 and the number
of units must not
exceed twice the number of those laid down in Article 160.
At the expiration of this period, and at the end of each subsequent
period of
three months, a Conference of military experts of the Principal
Allied and
Associated Powers will fix the reductions to be made in the ensuing
three months,
so that by March 31, 1920, at the latest the total number of German
effectives
does not exceed the maximum number of l00,000 men laid down in
Article 160. In
these successive reductions the same ratio between the number
of officers and of
men, and between the various kinds of units, shall be maintained
as is laid down
in that Article.
CHAPTER II.
ARMAMENT, MUNITIONS AND MATERIAL.
ARTICLE 164.
Up till the time at which Germany is admitted as a member of
the League of
Nations the German Army must not possess an armament greater than
the amounts
fixed in Table No. II annexed to this Section, with the exception
of an optional
increase not exceeding one-twentyfifth part for small arms and
one-fiftieth part
for guns, which shall be exclusively used to provide for such
eventual
replacements as may be necessary.
Germany agrees that after she has become a member of the League
of Nations the
armaments fixed in the said Table shall remain in force until
they are modified
by the Council of the League. Furthermore she hereby agrees strictly
to observe
the decisions of the Council of the League on this subject.
ARTICLE 165.
The maximum number of guns, machine guns, trench-mortars, rifles
and the amount
of ammunition and equipment which Germany is allowed to maintain
during the
period between the coming into force of the present Treaty and
the date of March
31, 1920, referred to in Article 160, shall bear the same proportion
to the
amount authorized in Table No. III annexed to this Section as
the strength of the
German Army as reduced from time to time in accordance with Article
163 bears to
the strength permitted under Article 160.
ARTICLE 166
At the date of March 31, 1920, the stock of munitions which
the German Army may
have at its disposal shall not exceed the amounts fixed in Table
No. III annexed
to this Section.
Within the same period the German Government will store these
stocks at points to
be notified to the Governments of the Principal Allied and Associated
Powers. The
German Government is forbidden to establish any other stocks,
depots or reserves
of munitions.
ARTICLE 167.
The number and calibre of the guns constituting at the date
of the coming into
force of the present Treaty the armament of the fortified works,
fortresses, and
any land or coast forts which Germany is allowed to retain must
be notified
immediately by the German Government to the Governments of the
Principal Allied
and Associated Powers, and will constitute maximum amounts which
may not be
exceeded.
Within two months from the coming into force of the present
Treaty, the maximum
stock of ammunition for these guns will be reduced to, and maintained
at, the
following uniform rates:­ fifteen hundred rounds per piece
for those the calibre
of which is 10.5 cm. and under: five hundred rounds per piece
for those of higher
calibre.
ARTICLE 168.
The manufacture of arms, munitions, or any war material, shall
only be carried
out in factories or works the location of which shall be communicated
to and
approved by the Governments of the Principal Allied and Associated
Powers, and
the number of which they retain the right to restrict.
Within three months from the coming into force of the present
Treaty, all other
establishments for the manufacture, preparation, storage or design
of arms,
munitions, or any war material whatever shall be closed down.
The same applies to
all arsenals except those used as depots for the authorised stocks
of munitions.
Within the same period the personnel of these arsenals will be
dismissed.
ARTICLE 169.
Within two months from the coming into force of the present
Treaty German arms,
munitions and war material, including anti-aircraft material,
existing in Germany
in excess of the quantities allowed, must be surrendered to the
Governments of
the Principal Allied and Associated Powers to be destroyed or
rendered useless.
This will also apply to any special plant intended for the manufacture
of
military material, except such as may be recognised as necessary
for equipping
the authorised strength of the German army.
The surrender in question will be effected at such points in
German territory as
may be selected by the said Governments.
Within the same period arms, munitions and war material, including
anti-aircraft
material, of origin other than German, in whatever state they
may be, will be
delivered to the said Governments, who will decide as to their
disposal.
Arms and munitions which on account of the successive reductions
in the strength
of the German army become in excess of the amounts authorised
by Tables II and
III annexed to this Section must be handed over in the manner
laid down above
within such periods as may be decided by the Conferences referred
to in Article
163.
ARTICLE 170.
Importation into Germany of arms, munitions and war material
of every kind shall
be strictly prohibited.
The same applies to the manufacture for, and export to, foreign
countries of
arms, munitions and war material of every kind.
ARTICLE 171
The use of asphyxiating, poisonous or other gases and all analogous
liquids,
materials or devices being prohibited, their manufacture and importation
are
strictly forbidden in Germany.
The same applies to materials specially intended for the manufacture,
storage and
use of the said products or devices.
The manufacture and the importation into Germany of armoured
cars, tanks and all
similar constructions suitable for use in war are also prohibited.
ARTICLE 172.
Within a period of three months from the coming into force
of the present Treaty,
the German Government will disclose to the Governments of the
Principal Allied
and Associated Powers the nature and mode of manufacture of all
explosives, toxic
substances or other like chemical preparations used by them in
the war or
prepared by them for the purpose of being so used.
CHAPTER III
RECRUITING AND MILITARY TRAINING
ARTICLE 173.
Universal compulsory military service shall be abolished in
Germany.
The German Army may only be constituted and recruited by means
of voluntary
enlistment.
ARTICLE 174
The period of enlistment for non-commissioned officers and
privates must be
twelve consecutive years.
The number of men discharged for any reason before the expiration
of their term
of enlistment must not exceed in any year five per cent. of the
total effectives
fixed by the second subparagraph of paragraph (I) of Article 160
of the present
Treaty.
ARTICLE 175.
The officers who are retained in the Army must undertake the
obligation to serve
in it up to the age of forty-five years at least.
Officers newly appointed must undertake to serve on the active
list for
twenty-five consecutive years at least.
Officers who have previously belonged to any formations whatever
of the Army, and
who are not retained in the units allowed to be maintained, must
not take part in
any military exercise whether theoretical or practical, and will
not be under any
military obligations whatever.
The number of officers discharged for any reason before the
expiration of their
term of service must not exceed in any year five per cent. of
the total
effectives of officers provided for in the third sub-paragraph
(I) of Article 160
of the present Treaty.
ARTICLE 176.
On the expiration of two months from the coming into force
of the present Treaty
there must only exist in Germany the number of military schools
which is
absolutely indispensable for the recruitment of the officers of
the units
allowed. These schools will be exclusively intended for the recruitment
of
officers of each arm, in the proportion of one school per arm.
The number of students admitted to attend the courses of the
said schools will be
strictly in proportion to the vacancies to be filled in the cadres
of officers.
The students and the cadres will be reckoned in the effectives
fixed by the
second and third subparagraphs of paragraph (I) of Article 160
of the present
Treaty.
Consequently, and during the period fixed above, all military
academies or
similar institutions in Germany, as well as the different military
schools for
officers, student officers (Aspiranten), cadets, non-commissioned
officers or
student non-commissioned officers (Aspiranten), other than the
schools above
provided for, will be abolished.
ARTICLE 171.
Educational establishments, the universities, societies of
discharged soldiers,
shooting or touring clubs and, generally speaking associations
of every
description, whatever be the age of their members, must not occupy
themselves
with any military matters.
In particular they will be forbidden to instruct or exercise
their members or to
allow them to be instructed or exercised, in the profession or
use of arms.
These societies, associations, educational establishments and
universities must
have no connection with the Ministries of War or any other military
authority.
ARTICLE l78.
All measures of mobilisation or appertaining to mobilisation
are forbidden.
In no case must formations, administrative services or General
Staffs include
supplementary cadres.
ARTICLE 179.
Germany agrees, from the coming into force of the present Treaty,
not to accredit
nor to send to any foreign country any military, naval or air
mission, nor to
allow any such mission to leave her territory, and Germany further
agrees to take
appropriate measures to prevent German nationals from leaving
her territory to
become enrolled in the Army, Navy or Air service of any foreign
Power, or to be
attached to such Army, Navy or Air service for the purpose of
assisting in the
military, naval or air training thereof, or otherwise for the
purpose of giving
military, naval or air instruction in any foreign country.
The Allied and Associated Powers agree, so far as they are
concerned, from the
coming into force of the present Treaty, not to enroll in nor
to attach to their
armies or naval or air forces any German national for the purpose
of assisting in
the military training of such armies or naval or air forces, or
otherwise to
employ any such German national as military, naval or aeronautic
instructor.
The present provision does not, however, affect the right of
France to recruit
for the Foreign Legion in accordance with French military laws
and regulations.
CHAPTER IV.
FORTIFICATIONS
ARTICLE l80.
All fortified works, fortresses and field works situated in
German territory to
the west of a line drawn fifty kilometres to the east of the Rhine
shall be
disarmed and dismantled.
Within a period of two months from the coming into force of
the present Treaty
such of the above fortified works, fortresses and field works
as are situated in
territory not occupied by Allied and Associated troops shall be
disarmed, and
within a further period of four months they shall be dismantled.
Those which are
situated in territory occupied by Allied and Associated troops
shall be disarmed
and dismantled within such periods as may be fixed by the Allied
High Command.
The construction of any new fortification, whatever its nature
and importance, is
forbidden in the zone referred to in the first paragraph above.
The system of fortified works of the southern and eastern frontiers
of Germany
shall be maintained in its existing state.
[SEE TABLES]
SECTION II .
NAVAL CLAUSES.
ARTICLE 181.
After the expiration of a period of two months from the coming
into force of the
present Treaty the German naval forces in commission must not
exceed:
6 battleships of the Deutschland or Lothringen type, 6 light
cruisers, 12
destroyers, 12 torpedo boats,
or an equal number of ships constructed to replace them as
provided in Article
l90.
No submarines are to be included.
All other warships, except where there is provision to the
contrary in the
present Treaty, must be placed in reserve or devoted to commercial
purposes.
ARTICLE 182,
Until the completion of the minesweeping prescribed by Article
193 Germany will
keep in commission such number of minesweeping vessels as may
be fixed by the
Governments of the Principal Allied and Associated Powers.
ARTICLE 183,
After the expiration of a period of two months from the coming
into force of the
present Treaty, the total personnel of the German Navy, including
the manning of
the Deet, coast defences, signal stations, administration and
other land
services, must not exceed fifteen thousand, including officers
and men of all
grades and corps,
The total strength of officers and warrant officers must not
exceed fifteen
hundred.
Within two months from the coming into force of the present
Treaty the personnel
in excess of the above strength shall be demobilised.
No naval or military corps or reserve force in connection with
the Navy may be
organised in Germany without being included in the above strength.
From the date of the coming into force of the present Treaty
all the German
surface warships which are not in German ports cease to belong
to Germany, who
renounces all rights over them.
Vessels which, in compliance with the Armistice of November
11, 1918, are now
interned in the ports of the Allied and Associated Powers are
declared to be
finally surrendered.
Vessels which are now interned in neutral ports will be there
surrendered to the
Governments of the Principal Allied and Associated Powers. The
German Government
must address a notification to that effect to the neutral Powers
on the coming
into force of the present Treaty.
ARTICLE 185.
Within a period of two months from the coming into force of
the present Treaty
the German surface warships enumerated below will be surrendered
to the
Governments of the Principal Allied and Associated Powers in such
Allied ports as
the said Powers may direct.
These warships will have been disarmed as provided in Article
XXIII of the
Armistice of November 11, 1918. Nevertheless they must have all
their guns on
board.
BATTLESHIPS.
Oldenburg. Thuringen. Ostfriesland. Helgoland. Posen. Westfalen.
Rheinland.
Nassau.
LIGHT CRUISERS.
Stettin. Danzig. Munchen. Lubeck. Stralsund. Augsburg. Kolberg.
Stuttgart.
and, in addition, forty-two modern destroyers and fifty modern
torpedo boats, as
chosen by the Governments of the Principal Allied and Associated
Powers.
ARTICLE 186.
On the coming into force of the present Treaty the German Government
must
undertake, under the supervision of the Governments of the Principal
Allied and
Associated Powers, the breaking up of all the German surface warships
now under
construction.
ARTICLE 187 .
The German auxiliary cruisers and fleet auxiliaries enumerated
below will be
disarmed and treated as merchant ships.
INTERNED IN NEUTRAL COUNTRIES:
Berlin. Santa Fe. Seydlitz. Yorck.
IN GERMANY:
Ammon. Answald. Bosnia. Cordoba. Cassel. Dania. Rio Negro.
Rio Pardo. Santa Cruz.
Schwaben. Solingen. Steigerwald. Franken. Gundomar. Furst Bulow.
Gertrud. Kigoma.
Rugia. Santa Elena. Schleswig. Mowe. Sierra Ventana. Chemnitz.
Emil Georg von
Strauss. Habsburg. Meteor. Waltraute. Scharnhorst.
ARTICLE 188.
On the expiration of one month from the coming into force of
the present Treaty
all German submarines, submarine salvage vessels and docks for
submarines,
including the tubular dock, must have been handed over to the
Governments of the
Principal Allied and Associated Powers.
Such of these submarines, vessels and docks as are considered
by the said
Governments to be fit to proceed under their own power or to be
towed shall be
taken by the German Government. into such Allied ports as have
been indicated
The remainder, and also those in course of construction, shall
be broken up
entirely by the German Government under the supervision of the
said Governments.
The breaking-up must be completed within three months at the most
after the
coming into force of the present Treaty.
ARTICLE l89.
Articles, machinery and material arising from the breaking-up
of German warships
of all kinds, whether surface vessels or submarines, may not be
used except for
purely industrial or commercial purposes.
They may not be sold or disposed of to foreign countries.
ARTICLE 190.
Germany is forbidden to construct or acquire any warships other
than those
intended to replace the units in commission provided for in Article
l81 of the
present Treaty
The warships intended for replacement purposes as above shall
not exceed the
following displacement:
Armoured ships 10,000 tons
Light cruisers 6,000 tons
Destroyers 800 tons
Torpedo boats 200 tons
Except where a ship has been lost, units of the different classes
shall only be
replaced at the end of a period of twenty years in the case of
battleships and
cruisers, and fifteen years in the case of destroyers and torpedo
boats, counting
from the launching of the ship.
ARTICLE 191 .
The construction or acquisition of any submarine, even for
commercial purposes,
shall be forbidden in Germany.
ARTICLE 192.
The warships in commission of the German fleet must have on
board or in reserve
only the allowance of arms, munitions and war material fixed by
the Principal
Allied and Associated Powers. Within a month from the fixing of
the quantities as
above, arms, munitions and war material of all kinds, including
mines and
torpedoes, now in the hands of the German Government and in excess
of the said
quantities, shall be surrendered to the Governments of the said
Powers at places
to be indicated by them. Such arms, munitions and war material
will be destroyed
or rendered useless.
All other stocks, depots or reserves of arms, munitions or
naval war material of
all kinds are forbidden.
The manufacture of these articles in German territory for,
and their export to,
foreign countries shall be forbidden.
ARTICLE 193.
On the coming into force of the present Treaty Germany will
forthwith sweep up
the mines in the following areas in the North Sea to the eastward
of longitude 4°
00', E. of Greenwich:
(1) Between parallels of latitude 53° 00', N. and 59°
00', N.; (2) To the
northward of latitude 60° 30' N.
Germany must keep these areas free from mines.
Germany must also sweep and keep free from mines such areas
in the Baltic as may
ultimately be notified by the Governments of the Principal Allied
and Associated
Powers.
ARTICLE 194.
The personnel of the German Navy shall be recruited entirely
by voluntary
engagements entered into for a minimum period of twenty-five consecutive
years
for officers and warrant officers; twelve consecutive years for
petty officers
and men.
The number engaged to replace those discharged for any reason
before the
expiration of their term of service must not exceed five per cent.
per annum of
the totals laid down in this Section (Article 183).
The personnel discharged from the Navy must not receive any
kind of naval or
military training or undertake any further service in the Navy
or Army.
Officers belonging to the Germany Navy and not demobilised
must engage to serve
till the age of forty-five, unless discharged for sufficient reasons.
No officer or man of the German mercantile marine shall receive
any training in
the Navy.
ARTICLE 195.
In order to ensure free passage into the Baltic to all nations,
Germany shall not
erect any fortifications in the area comprised between latitudes
55° 27' N. and
54° 00' N. and longitudes 9°Ê00' E. and 16°Ê00'
E. of the meridian of Greenwich,
nor install any guns commanding the maritime routes between the
North Sea and the
Baltic. The fortifications now existing in this area shall be
demolished and the
guns removed under the supervisions of the Allied Governments
and in periods to
be fixed by them.
The German Government shall place at the disposal of the Governments
of the
Principal Allied and Associated Powers all information now in
its possession
concerning the channels and adjoining waters between the Baltic
and the North
Sea.
ARTICLE 196.
All fortified works and fortifications, other than those mentioned
in Section
XIII (Heligoland) of Part III (Political Clauses for Europe) and
in Article 195,
now established within fifty kilometres of the German coast or
on German islands
off that coast shall be considered as of a defensive nature and
may remain in
their existing condition.
No new fortifications shall be constructed within these limits.
The armament of
these defences shall not exceed, as regards the number and calibre
of guns, those
in position at the date of the coming into force of the present
Treaty. The
German Government shall communicate forthwith particulars thereof
to all the
European Governments.
On the expiration of a period of two months from the coming
into force of the
present Treaty the stocks of ammunition for these guns shall be
reduced to and
maintained at a maximum figure of fifteen hundred rounds per piece
for calibres
of 4.1-inch and under, and five hundred rounds per piece for higher
calibres.
ARTICLE 197.
During the three months following the coming into force of
the present Treaty the
German high-power wireless telegraphy stations at Nauen, Hanover
and Berlin shall
not be used for the transmission of messages concerning naval,
military or
political questions of interest to Germany or any State which
has been allied to
Germany in the war, without the assent of the Governments of the
Principal Allied
and Associated Powers. These stations may be used for commercial
purposes, but
only under the supervision of the said Governments, who will decide
the
wavelength to be used.
During the same period Germany shall not build any more high-power
wireless
telegraphy stations in her own territory or that of Austria, Hungary,
Bulgaria or
Turkey.
SECTION III.
AIR CLAUSES.
ARTICLE 198.
The armed forces of Germany must not include any military or
naval air forces.
Germany may, during a period not extending beyond October 1,
1919, maintain a
maximum number of one hundred seaplanes or flying boats, which
shall be
exclusively employed in searching for submarine mines, shall be
furnished with
the necessary equipment for this purpose, and shall in no case
carry arms,
munitions or bombs of any nature whatever.
In addition to the engines installed in the seaplanes or flying
boats above
mentioned, one spare engine may be provided for each engine of
each of these
craft.
No dirigible shall be kept.
ARTICLE 199.
Within two months from the coming into force of the present
Treaty the personnel
of air forces on the rolls of the German land and sea forces shall
be
demobilised. Up to October 1, 1919, however, Germany may keep
and maintain a
total number of one thousand men, including officers, for the
whole of the cadres
and personnel, flying and non-flying, of all formations and establishments.
ARTICLE 200.
Until the complete evacuation of German territory by the Allied
and Associated
troops, the aircraft of the Allied and Associated Powers shall
enjoy in Germany
freedom of passage through the air, freedom of transit and of
landing.
ARTICLE 201.
During the six months following the coming into force of the
present Treaty, the
manufacture and importation of aircraft, parts of aircraft, engines
for aircraft,
and parts of engines for aircraft, shall be forbidden in all German
territory.
ARTICLE 202.
On the coming into force of the present Treaty, all military
and naval
aeronautical material, except the machines mentioned in the second
and third
paragraphs of Article 198, must be delivered to the Governments
of the Principal
Allied and Associated Powers.
Delivery must be effected at such places as the said Governments
may select, and
must be completed within three months.
In particular, this material will include all items under the
following heads
which are or have been in use or were designed for warlike purposes:
Complete aeroplanes and seaplanes, as well as those being manufactured,
repaired
or assembled.
Dirigibles able to take the air, being manufactured, repaired
or assembled.
Plant for the manufacture of hydrogen.
Dirigible sheds and shelters of every kind for aircraft.
Pending their delivery, dirigibles will, at the expense of
Germany, be maintained
inflated with hydrogen; the plant for the manufacture of hydrogen,
as well as the
sheds for dirigibles may at the discretion of the said Powers,
be left to Germany
until the time when the dirigibles are handed over.
Engines for aircraft.
Nacelles and fuselages.
Armament (guns, machine guns, light machine guns, bombdropping
apparatus,
torpedo-dropping apparatus, synchronisation apparatus, aiming
apparatus).
Munitions (cartridges, shells, bombs loaded or unloaded, stocks
of explosives or
of material for their manufacture).
Instruments for use on aircraft.
Wireless apparatus and photographic or cinematograph apparatus
for use on
aircraft.
Component parts of any of the items under the preceding heads.
The material referred to above shall not be removed without
special permission
from the said Governments.
SECTION IV.
INTER-ALLIED COMMISSIONS OF CONTROL.
ARTICLE 203.
All the military, naval and air clauses contained in the present
Treaty, for the
execution of which a time-limit is prescribed, shall be executed
by Germany under
the control of Inter-Allied Commissions specially appointed for
this purpose by
the Principal Allied and Associated Powers.
ARTICLE 204.
The Inter-Allied Commissions of Control will be specially charged
with the duty
of seeing to the complete execution of the delivery, destruction,
demolition and
rendering things useless to be carried out at the expense of the
German
Government in accordance with the present Treaty.
They will communicate to the German authorities the decisions
which the Principal
Allied and Associated Powers have reserved the right to take,
or which the
execution of the military, naval and air clauses may necessitate.
ARTICLE 205.
The Inter-Allied Commissions of Control may establish their
organisations at the
seat of the central German Government.
They shall be entitled as often as they think desirable to
proceed to any point
whatever in German territory, or to send subcommissions, or to
authorise one or
more of their members to go, to any such point.
ARTICLE 206.
The German Government must give all necessary facilities for
the accomplishment
of their missions to the Inter-Allied Commissions of Control and
to their
members.
It shall attach a qualified representative to each Inter-Allied
Commission of
Control for the purpose of receiving the communications which
the Commission may
have to address to the German Government and of supplying or procuring
for the
Commission all information or documents which may be required.
The German Government must in all cases furnish at its own
cost all labour and
material required to effect the deliveries and the works of destruction,
dismantling, demolition, and of rendering things useless, provided
for in the
present Treaty.
ARTICLE 207.
The upkeep and cost of the Commissions of Control and the expenses
involved by
their work shall be borne by Germany.
ARTICLE 208.
The Military Inter-Allied Commission of Control will represent
the Governments of
the Principal Allied and Associated Powers in dealing with the
German Government
in all matters concerning the execution of the military clauses.
In particular it will be its duty to receive from the German
Government the
notifications relating to the location of the stocks and depots
of munitions, the
armament of the fortified works, fortresses and forts which Germany
is allowed to
retain, and the location of the works or factories for the production
of arms,
munitions and war material and their operations.
It will take delivery of the arms, munitions and war material,
will select the
points where such delivery is to be effected, and will supervise
the works of
destruction, demolition, and of rendering things useless, which
are to be carried
out in accordance with the present Treaty.
The German Government must furnish to the Military Inter-Allied
Commission of
Control all such information and documents as the latter may deem
necessary to
ensure the complete execution of the military clauses, and in
particular all
legislative and administrative documents and regulations.
ARTICLE 209.
The Naval Inter-Allied Commission of Control will represent
the Governments of
the Principal Allied and Associated Powers in dealing with the
German Government
in all matters concerning the execution of the naval clauses.
In particular it will be its duty to proceed to the building
yards and to
supervise the breaking-up of the ships which are under construction
there, to
take delivery of all surface ships or submarines, salvage ships,
docks and the
tubular docks, and to supervise the destruction and breaking-up
provided for.
The German Government must furnish to the Naval Inter-Allied
Commission of
Control all such information and documents as the Commission may
deem necessary
to ensure the complete execution of the naval clauses, in particular
the designs
of the warships, the composition of their armaments, the details
and models of
the guns, munitions, torpedoes, mines, explosives, wireless telegraphic
apparatus
and, in general, everything relating to naval war material, as
well as all
legislative or administrative documents or regulations.
ARTICLE 210.
The Aeronautical Inter-Allied Commission of Control will represent
the
Governments of the Principal Allied and Associated Powers in dealing
with the
German Government in all matters concerning the execution of the
air clauses.
In particular it will be its duty to make an inventory of the
aeronautical
material existing in German territory, to inspect aeroplane, balloon
and motor
manufactories, and factories producing arms, munitions and explosives
capable of
being used by aircraft, to visit all aerodromes, sheds, landing
grounds, parks
and depots, to authorise, where necessary, a removal of material
and to take
delivery of such material.
The German Government must furnish to the Aeronautical Inter-Allied
Commission of
Control all such information and legislative, administrative or
other documents
which the Commission may consider necessary to ensure the complete
execution of
the air clauses, and in particular a list of the personnel belonging
to all the
German Air Services, and of the existing material, as well as
of that in process
of manufacture or on order, and a list of all establishments working
for
aviation, of their positions, and of all sheds and landing grounds.
SECTION V.
GENERAL ARTICLES.
ARTICLE 211.
After the expiration of a period of three months from the coming
into force of
the present Treaty, the German laws must have been modified and
shall be
maintained by the German Government in conformity with this Part
of the present
Treaty.
Within the same period all the administrative or other measures
relating to the
execution of this Part of the Treaty must have been taken.
ARTICLE 212.
The following portions of the Armistice of November 11, 1918
Article VI, the
first two and the sixth and seventh paragraphs of Article VII;
Article IX;
Clauses I, II and V of Annex n° 2, and the Protocol, dated
April 4, 1919,
supplementing the Armistice of November 11, 1918, remain in force
so far as they
are not inconsistent with the above stipulations.
ARTICLE 213.
So long as the present Treaty remains in force, Germany undertakes
to give every
facility for any investigation which the Council of the League
of Nations, acting
if need be by a majority vote, may consider necessary.
PART VI.
PRISONERS OF WAR AND GRAVES.
SECTION I.
PRISONERS OF WAR.
ARTICLE 214.
The repatriation of prisoners of war and interned civilians
shall take place as
soon as possible after the coming into force of the present Treaty
and shall be
carried out with the greatest rapidity.
ARTICLE 215.
The repatriation of German prisoners of war and interned civilians
shall, in
accordance with Article 214, be carried out by a Commission composed
of
representatives of the Allied and Associated Powers on the one
part and of the
German Government on the other part.
For each of the Allied and Associated Powers a Sub-Commission,
composed
exclusively of Representatives of the interested Power and of
Delegates of the
German Government, shall regulate the details of carrying into
effect the
repatriation of the prisoners of war.
ARTICLE 216.
From the time of their delivery into the hands of the German
authorities the
prisoners of war and interned civilians are to be returned without
delay to their
homes by the said authorities.
Those amongst them who before the war were habitually resident
in territory
occupied by the troops of the Allied and Associated Powers are
likewise to be
sent to their homes, subject to the consent and control of the
military
authorities of the Allied and Associated armies of occupation.
ARTICLE 217.
The whole cost of repatriation from the moment of starting
shall be borne by the
German Government who shall also provide the land and sea transport
and staff
considered necessary by the Commission referred to in Article
215.
ARTICLE 218.
Prisoners of war and interned civilians awaiting disposal or
undergoing sentence
for offences against discipline shall be repatriated irrespective
of the
completion of their sentence or of the proceedings pending against
them.
This stipulation shall not apply to prisoners of war and interned
civilians
punished for offences committed subsequent to May 1, 1919.
During the period pending their repatriation all prisoners
of war and interned
civilians shall remain subject to the existing regulations, more
especially as
regards work and discipline.
ARTICLE 219.
Prisoners of war and interned civilians who are awaiting disposal
or undergoing
sentence for offences other than those against discipline may
be detained.
ARTICLE 220.
The German Government undertakes to admit to its territory
without distinction
all persons liable to repatriation.
Prisoners of war or other German nationals who do not desire
to be repatriated
may be excluded from repatriation; but the Allied and Associated
Governments
reserve to themselves the right either to repatriate them or to
take them to a
neutral country or to allow them to reside in their own territories.
The German Government undertakes not to institute any exceptional
proceedings
against these persons or their families nor to take any repressive
or vexatious
measures of any kind whatsoever against them on this account.
ARTICLE 221.
The Allied and Associated Governments reserve the right to
make the repatriation
of German prisoners of war or German nationals in their hands
conditional upon
the immediate notification and release by the German Government
of any prisoners
of war who are nationals of the Allied and Associated Powers and
may still be in
Germany.
ARTICLE 222.
Germany undertakes:
(1) To give every facility to Commissions to enquire into the
cases of those who
cannot be traced; to furnish such Commissions with all necessary
means of
transport; to allow them access to camps, prisons, hospitals and
all other
places; and to place at their disposal all documents, whether
public or private,
which would facilitate their enquiries;
(2) To impose penalties upon any German officials or private
persons who have
concealed the presence of any nationals of any of the Allied and
Associated
Powers or have neglected to reveal the presence of any such after
it had come to
their knowledge.
ARTICLE 223.
Germany undertakes to restore without delay from the date of
the coming into
force of the present Treaty all articles, money, securities and
documents which
have belonged to nationals of the Allied and Associated Powers
and which have
been retained by the German authorities.
ARTICLE 224.
The High Contracting Parties waive reciprocally all repayment
of sums due for the
maintenance of prisoners of war in their respective territories.
SECTION II.
GRAVES.
ARTICLE 225.
The Allied and Associated Governments and the German Government
will cause to be
respected and maintained the graves of the soldiers and sailors
buried in their
respective territories.
They agree to recognise any Commission appointed by an Allied
or Associated
Government for the purpose of identifying, registering, caring
for or erecting
suitable memorials over the said graves and to facilitate the
discharge of its
duties.
Furthermore they agree to afford, so far as the provisions
of their laws and the
requirements of public health allow, every facility for giving
effect to requests
that the bodies of their soldiers and sailors may be transferred
to their own
country.
ARTICLE 226.
The graves of prisoners of war and interned civilians who are
nationals of the
different belligerent States and have died in captivity shall
be properly
maintained in accordance with Article 225 of the present Treaty.
The Allied and Associated Governments on the one part and the
German Government
on the other part reciprocally undertake also to furnish to each
other:
(1) A complete list of those who have died, together with all
information useful
for identification;
(2) All information as to the number and position of the graves
of all those who
have been buried without identification.
PART VII.
PENALTIES.
ARTICLE 227.
The Allied and Associated Powers publicly arraign William II
of Hohenzollern,
formerly German Emperor, for a supreme offence against international
morality and
the sanctity of treaties.
A special tribunal will be constituted to try the accused,
thereby assuring him
the guarantees essential to the right of defence. It will be composed
of five
judges, one appointed by each of the following Powers: namely,
the United States
of America, Great Britain, France, Italy and Japan.
In its decision the tribunal will be guided by the highest
motives of
international policy, with a view to vindicating the solemn obligations
of
international undertakings and the validity of international morality.
It will be
its duty to fix the punishment which it considers should be imposed.
The Allied and Associated Powers will address a request to
the Government of the
Netherlands for the surrender to them of the ex-Emperor in order
that he may be
put on trial.
ARTICLE 228.
The German Government recognises the right of the Allied and
Associated Powers to
bring before military tribunals persons accused of having committed
acts in
violation of the laws and customs of war. Such persons shall,
if found guilty, be
sentenced to punishments laid down by law. This provision will
apply
notwithstanding any proceedings or prosecution before a tribunal
in Germany or in
the territory of her allies.
The German Government shall hand over to the Allied and Associated
Powers, or to
such one of them as shall so request, all persons accused of having
committed an
act in violation of the laws and customs of war, who are specified
either by name
or by the rank, office or employment which they held under the
German
authorities.
ARTICLE 229.
Persons guilty of criminal acts against the nationals of one
of the Allied and
Associated Powers will be brought before the military tribunals
of that Power.
Persons guilty of criminal acts against the nationals of more
than one of the
Allied and Associated Powers will be brought before military tribunals
composed
of members of the military tribunals of the Powers concerned.
In every case the accused will be entitled to name his own
counsel.
ARTICLE 230.
The German Government undertakes to furnish all documents and
information of
every kind, the production of which may be considered necessary
to ensure the
full knowledge of the incriminating acts, the discovery of offenders
and the just
appreciation of responsibility.
PART VIII.
REPARATION.
SECTION l.
GENERAL PROVISIONS.
ARTICLE 231.
The Allied and Associated Governments affirm and Germany accepts
the
responsibility of Germany and her allies for causing all the loss
and damage to
which the Allied and Associated Governments and their nationals
have been
subjected as a consequence of the war imposed upon them by the
aggression of
Germany and her allies.
ARTICLE: 232.
The Allied and Associated Governments recognise that the resources
of Germany are
not adequate, after taking into account permanent diminutions
of such resources
which will result from other provisions of the present Treaty,
to make complete
reparation for all such loss and damage.
The Allied and Associated Governments, however, require, and
Germany undertakes,
that she will make compensation for all damage done to the civilian
population of
the Allied and Associated Powers and to their property during
the period of the
belligerency of each as an Allied or Associated Power against
Germany by such
aggression by land, by sea and from the air, and in general all
damage as defined
in Annex l hereto.
In accordance with Germany's pledges, already given, as to
complete restoration
for Belgium, Germany undertakes, in addition to the compensation
for damage
elsewhere in this Part provided for, as a consequence of the violation
of the
Treaty of 1839, to make reimbursement of all sums which Belgium
has borrowed from
the Allied and Associated Governments up to November 11, 1918,
together with
interest at the rate of five per cent (5%) per annum on such sums.
This amount
shall be determined by the Reparation Commission, and the German
Government
undertakes thereupon forthwith to make a special issue of bearer
bonds to an
equivalent amount payable in marks gold, on May 1, 1926, or, at
the option of the
German Government, on the 1st of May in any year up to 1926. Subject
to the
foregoing, the form of such bonds shall be determined by the Reparation
Commission. Such bonds shall be handed over to the Reparation
Commission, which
has authority to take and acknowledge receipt thereof on behalf
of Belgium.
ARTICLE 233.
The amount of the above damage for which compensation is to
be made by Germany
shall be determined by an Inter-Allied Commission, to be called
the Reparation
Commission and constituted in the form and with the powers set
forth hereunder
and in Annexes II to VII inclusive hereto.
This Commission shall consider the claims and give to the German
Government a
just opportunity to be heard.
The findings of the Commission as to the amount of damage defined
as above shall
be concluded and notified to the German Government on or before
May 1, 1921, as
representing the extent of that Government's obligations. ,
The Commission shall concurrently draw up a schedule of payments
prescribing the
time and manner for securing and discharging the entire obligation
within a
period of thirty years from May 1, 1921. If, however, within the
period
mentioned, Germany fails to discharge her obligations, any balance
remaining
unpaid may, within the discretion of the Commission, be postponed
for settlement
in subsequent years, or may be handled otherwise in such manner
as the Allied and
Associated Governments, acting in accordance with the procedure
laid down in this
Part of the present Treaty, shall determine.
ARTICLE 234.
The Reparation Commission shall after May 1 , 1921, from time
to time, consider
the resources and capacity of Germany, and, after giving her representatives
a
just opportunity to be heard, shall have discretion to extend
the date, and to
modify the form of payments, such as are to be provided for in
accordance with
Article 233; but not to cancel any part, except with the specific
authority of
the several Governments represented upon the Commission.
ARTICLE 235.
In order to enable the Allied and Associated Powers to proceed
at once to the
restoration of their industrial and economic life, pending the
full determination
of their claims, Germany shall pay in such installments and in
such manner
(whether in gold, commodities, ships, securities or otherwise)
as the Reparation
Commission may fix, during 1919, 1920 and the first four months
Of 1921 , the
equivalent of 20,000,000,000 gold marks. Out of this sum the expenses
of the
armies of occupation subsequent to the Armistice of November 11,
1918, shall
first be met, and such supplies of food and raw materials as may
be judged by the
Governments of the Principal Allied and Associated Powers to be
essential to
enable Germany to meet her obligations for reparation may also,
with the approval
of the said Governments, be paid for out of the above sum. The
balance shall be
reckoned towards liquidation of the amounts due for reparation.
Germany shall
further deposit bonds as prescribed in paragraph 12 (c) Of Annex
II hereto.
ARTICLE 236.
Germany further agrees to the direct application of her economic
resources to
reparation as specified in Annexes, III, IV, V, and VI, relating
respectively to
merchant shipping, to physical restoration, to coal and derivatives
of coal, and
to dyestuffs and other chemical products; provided always that
the value of the
property transferred and any services rendered by her under these
Annexes,
assessed in the manner therein prescribed shall be credited to
her towards
liquidation of her obligations under the above Articles.
ARTICLE 237.
The successive installments, including the above sum, paid
over by Germany in
satisfaction of the above claims will be divided by the Allied
and Associated
Governments in proportions which have been determined upon by
them in advance on
a basis of general equity and of the rights of each.
For the purposes of this division the value of property transferred
and services
rendered under Article 243, and under Annexes III, IV, V, VI,
and VII, shall be
reckoned in the same manner as cash payments effected in that
year.
ARTICLE 238.
In addition to the payments mentioned above Germany shall effect,
in accordance
with the procedure laid down by the Reparation Commission, restitution
in cash of
cash taken away, seized or sequestrated, and also restitution
of animals, objects
of every nature and securities taken away, seized or sequestrated,
in the cases
in which it proves possible to identify them in territory belonging
to Germany or
her allies.
Until this procedure is laid down, restitution will continue
in accordance with
the provisions of the Armistice of November 11, 1918, and its
renewals and the
Protocols thereto.
ARTICLE 239.
The German Government undertakes to make forthwith the restitution
contemplated
by Article 238 and to make the payments and deliveries contemplated
by Articles
233, 234, 235 and 236.
ARTICLE 240.
The German Government recognises the Commission provided for
by Article 233 as
the same may be constituted by the Allied and Associated Governments
in
accordance with Annex II, and agrees irrevocably to the possession
and exercise
by such Commission of the power and authority given to it under
the present
Treaty.
The German Government will supply to the Commission all the
information which the
Commission may require relative to the financial situation and
operations and to
the property, productive capacity, and stocks and current production
of raw
materials and manufactured articles of Germany and her nationals,
and further any
information relative to military operations which in the judgment
of the
Commission may be necessary for the assessment of Germany's liability
for
reparation as defined in Annex I.
The German Government will accord to the members of the Commission
and its
authorised agents the same rights and immunities as are enjoyed
in Germany by
duly accredited diplomatic agents of friendly Powers.
Germany further agrees to provide for the salaries and expenses
of the Commission
and of such staff as it may employ.
ARTICLE 241.
Germany undertakes to pass, issue and maintain in force any
legislation, orders
and decrees that may be necessary to give complete effect to these
provisions.
ARTICLE 242.
The provisions of this Part of the present Treaty do not apply
to the property,
rights and interests referred to in Sections III and IV of Part
X (Economic
Clauses) of the present Treaty, nor to the product of their liquidation,
except
so far as concerns any final balance in favour of Germany under
Article 243 (a).
ARTICLE 243
The following shall be reckoned as credits to Germany in respect
of her
reparation obligations:
(a) Any final balance in favour of Germany under Section V
(Alsace-Lorraine) of
Part III (Political Clauses for Europe) and Sections III and IV
of Part X
(Economic Clauses) of the present Treaty;
(b) Amounts due to Germany in respect of transfers under Section
IV (Saar Basin)
of Part III (Political Clauses for Europe), Part IX Financial
Clauses), and Part
XII (Ports, Waterways and Railways);
(c) Amounts which in the judgment of the Reparation Commission
should be credited
to Germany on account of any other transfers under the present
Treaty of
property, rights, concessions or other interests.
In no case, however, shall credit be given for property restored
in accordance
with Article 238 of the present Part.
ARTICLE 244
The transfer of the German submarine cables which do not form
the subject of
particular provisions of the present Treaty is regulated by Annex
VII hereto.
ANNEX I.
Compensation may be claimed from Germany under Article 232
above in respect of
the total damage under the following categories:
(l) Damage to injured persons and to surviving dependents by
personal injury to
or death of civilians caused by acts of war, including bombardments
or other
attacks on land, on sea, or from the air, and all the direct consequences
thereof, and of all operations of war by the two groups of belligerents
wherever
arising.
(2) Damage caused by Germany or her allies to civilian victims
of acts of
cruelty, violence or maltreatment (including injuries to life
or health as a
consequence of imprisonment, deportation, internment or evacuation,
of exposure
at sea or of being forced to labour), wherever arising, and to
the surviving
dependents of such victims.
(3) Damage caused by Germany or her allies in their own territory
or in occupied
or invaded territory to civilian victims of all acts injurious
to health or
capacity to work, or to honour, as well as to the surviving dependents
of such
victims.
(4) Damage caused by any kind of maltreatment of prisoners
of war.
(5) As damage caused to the peoples of the Allied and Associated
Powers, all
pensions and compensation in the nature of pensions to naval and
military victims
of war (including members of the air force), whether mutilated,
wounded, sick or
invalided, and to the dependents of such victims, the amount due
to the Allied
and Associated Governments being calculated for each of them as
being the
capitalised cost of such pensions and compensation at the date
of the coming into
force of the present Treaty on the basis of the scales in force
in France at such
date.
(6) The cost of assistance by the Government of the Allied
and Associated Powers
to prisoners of war and to their families and dependents.
(7) Allowances by the Governments of the Allied and Associated
Powers to the
families and dependents of mobilised persons or persons serving
with the forces,
the amount due to them for each calendar year in which hostilities
occurred being
calculated for each Government on the basis of the average scale
for such
payments in force in France during that year.
(8) Damage caused to civilians by being forced by Germany or
her allies to labour
without just remuneration.
(9) Damage in respect of all property wherever situated belonging
to any of the
Allied or Associated States or their nationals, with the exception
of naval and
military works or materials, which has been carried off, seized,
injured or
destroyed by the acts of Germany or her allies on land, on sea
or from the air,
or damage directly in consequence of hostilities or of any operations
of war.
(10) Damage in the form of levies, fines and other similar
exactions imposed by
Germany or her allies upon the civilian population.
ANNEX II.
1.
The Commission referred to in Article 233 shall be called "The
Reparation
Commission" and is hereinafter referred to as "the Commission".
2.
Delegates to this Commission shall be nominated by the United
States of America,
Great Britain, France, Italy, Japan, Belgium and the Serb-Croat-Slovene
State.
Each of these Powers will appoint one Delegate and also one Assistant
Delegate,
who will take his place in case of illness or necessary absence,
but at other
times will only have the right to be present at proceedings without
taking any
part therein.
On no occasion shall the Delegates of more than five of the
above Powers have the
right to take part in the proceedings of the Commission and to
record their
votes. The Delegates of the United States, Great Britain, France
and Italy shall
have this right on all occasions. The Delegate of Belgium shall
have this right
on all occasions other than those referred to below. The Delegate
of Japan shall
have this right on occasions when questions relating to damage
at sea, and
questions arising under Article 200 of Part IX (Financial Clauses)
in which
Japanese interests are concerned, are under consideration. The
Delegate of the
Serb-Croat-Slovene State shall have this right when questions
relating to
Austria, Hungary or Bulgaria are under consideration.
Each Government represented on the Commission shall have the
right to withdraw
therefrom upon twelve months, notice filed with the Commission
and confirmed in
the course of the sixth month after the date of the original notice.
3.
Such of the other Allied and Associated Powers as may be interested
shall have
the right to appoint a Delegate to be present and act as Assessor
only while
their respective claims and interests are under examination or
discussion, but
without the right to vote.
4.
In case of the death, resignation or recall of any Delegate,
Assistant Delegate
or Assessor, a successor to him shall be nominated as soon as
possible.
5.
The Commission will have its principal permanent Bureau in
Paris and will hold
its first meeting in Paris as soon as practicable after the coming
into force of
the present Treaty, and thereafter will meet in such place or
places and at such
time as it may deem convenient and as may be necessary for the
most expeditious
discharge of its duties.
6.
At its first meeting the Commission shall elect, from among
the Delegates
referred to above, a Chairman and a Vice-Chairman, who shall hold
office for one
year and shall be eligible for re-election. If a vacancy in the
Chairmanship or
Vice-Chairmanship should occur during the annual period, the Commission
shall
proceed to a new election for the remainder of the said period.
7.
The Commission is authorised to appoint all necessary officers,
agents and
employees who may be required for the execution of its functions,
and to fix
their remuneration; to constitute committees, whose members need
not necessarily
be members of the Commission, and to take all executive steps
necessary for the
purpose of discharging its duties; and to delegate authority and
discretion to
officers, agents and committees.
8.
All proceedings of the Commission shall be private, unless,
on particular
occasions, the Con mission shall otherwise determine for special
reasons.
9
The Commission shall be required, if the German Government
so desire, to hear,
within a period which it will fix from time to time, evidence
and arguments on
the part of Germany on any question connected with her capacity
to pay.
10.
The Commission shall consider the claims and give to the German
Government a just
opportunity to be heard, but not to take any part whatever in
the decisions of
the Commission The Commission shall afford a similar opportunity
to the allies of
Germany, when it shall consider that their interests are in question
11.
The Commission shall not be bound by any particular code or
rules of law or by
any particular rule of evidence or of procedure, but shall be
guided by justice,
equity and good faith. Its decisions must follow the same principles
and rules in
all cases where they are applicable. It will establish rules relating
to methods
of proof of claims. It may act on any trustworthy modes of computation.
12.
The Commission shall have all the powers conferred upon it,
and shall exercise
all the functions assigned to it, by the present Treaty.
The Commission shall in general have wide latitude as to its
control and handling
of the whole reparation problem as dealt with in this Part of
the present Treaty
and shall have authority to interpret its provisions. Subject
to the provisions
of the present Treaty, the Commission is constituted by the several
Allied and
Associated Governments referred to in paragraphs 2 and 3 above
as the exclusive
agency of the said Governments respectively for receiving, selling,
holding, and
distributing the reparation payments to be made by Germany under
this Part of the
present Treaty. The Commission must comply with the following
conditions and
provisions:
(a) Whatever part of the full amount of the proved claims is
not paid in gold, or
in ships, securities and commodities or otherwise, Germany shall
be required,
under such conditions as the Commission may determine, to cover
by way of
guarantee by an equivalent issue of bonds, obligations or otherwise,
in order to
constitute an acknowledgment of the said part of the debt.
(b) In periodically estimating Germany's capacity to pay, the
Commission shall
examine the German system of taxation, first, to the end that
the sums for
reparation which Germany is required to pay shall become a charge
upon all her
revenues prior to that for the service or discharge of any domestic
loan, and
secondly, so as to satisfy itself that, in general, the German
scheme of taxation
is fully as heavy proportionately as that of any of the Powers
represented on the
Commission.
(c) In order to facilitate and continue the immediate restoration
of the economic
life of the Allied and Associated countries, the Commission will
as provided in
Article 235 take from Germany by way of security for and acknowledgment
of her
debt a first installment of gold bearer bonds free of all taxes
and charges of
every description established or to be established by the Government
of the
German Empire or of the German States, or by any authority subject
to them; these
bonds will be delivered on account and in three portions, the
marks gold being
payable in conformity with Article 262 of Part IX (Financial Clauses)
of the
present Treaty as follows:
(1) To be issued forthwith, 20,000,000,000 Marks gold bearer
bonds, payable not
later than May l, 1921, without interest. There shall be specially
applied
towards the amortisation of these bonds the payments which Germany
is pledged to
make in conformity with Article 235, after deduction of the sums
used for the
reimbursement of expenses of the armies of occupation and for
payment of
foodstuffs and raw materials. Such bonds as have not been redeemed
by May l,
1921, shall then be exchanged for new bonds of the same type as
those provided
for below (paragraph l2, C, (2).
(2) To be issued forthwith, further 40,000,000,000 Marks gold
bearer bonds,
bearing interest at 2-1/2 per cent. per annum between 1921 and
l926, and
thereafter at 5 per cent. per annum with an additional l per cent.
for
amortisation beginning in 1926 on the whole amount of the issue.
(3) To be delivered forthwith a covering undertaking in writing
to issue when,
but not until, the Commission is satisfied that Germany can meet
such interest
and sinking fund obligations, a further installment of 40,000,000,000
Marks gold
5 per cent. bearer bonds, the time and mode of payment of principal
and interest
to be determined by the Commission.
The dates for payment of interest, the manner of applying the
amortisation fund,
and all other questions relating to the issue, management and
regulation of the
bond issue shall be determined by the Commission from time to
time.
Further issues by way of acknowledgment and security may be
required as the
Commission subsequently determines from time to time.
(d) In the event of bonds, obligations or other evidence of
indebtedness issued
by Germany by way of security for or acknowledgment of her reparation
debt being
disposed of outright, not by way of pledge, to persons other than
the several
Governments in whose favour Germany's original reparation indebtedness
was
created, an amount of such reparation indebtedness shall be deemed
to be
extinguished corresponding to the nominal value of the bonds,
etc., so disposed
of outright, and the obligation of Germany in respect of such
bonds shall be
confined to her liabilities to the holders of the bonds, as expressed
upon their
face.
(e) The damage for repairing, reconstructing and rebuilding
property in the
invaded and devastated districts, including reinstallation of
furniture,
machinery and other equipment, will be calculated according to
the cost at the
dates when the work is done.
(f) Decisions of the Commission relating to the total or partial
cancellation of
the capital or interest of any verified debt of Germany must be
accompanied by a
statement of its reasons.
13.
As to voting, the Commission will observe the following rules:
When a decision of the Commission is taken, the votes of all
the Delegates
entitled to vote, or in the absence of any of them, of their Assistant
Delegates,
shall be recorded. Abstention from voting is to be treated as
a vote against the
proposal under discussion. Assessors have no vote.
On the following questions unanimity is necessary:
(a) Questions involving the sovereignty of any of the Allied
and Associated
Powers, or the cancellation of the whole or any part of the debt
or obligations
of Germany;
(b) Questions of determining the amount and conditions of bonds
or other
obligations to be issued by the German Government and of fixing
the time and
manner for selling, negotiating or distributing such bonds;
(c) Any postponement, total or partial, beyond the end of 1930,
of the payment of
installments falling due between May 1, 1921, and the end of 1926
inclusive;
(d) Any postponement, total or partial, of any installment
falling due after 1926
for a period exceeding three years;
(e) Questions of applying in any particular case a method of
measuring damages
different from that which has been previously applied in a similar
case;
(f) Questions of the interpretation of the provisions of this
Part of the present
Treaty.
All other questions shall be decided by the vote of a majority.
In case of any difference of opinion among the Delegates, which
cannot be solved
by reference to their Governments, upon the question whether a
given case is one
which requires a unanimous vote for its decision or not, such
difference shall be
referred to the immediate arbitration of some impartial person
to be agreed upon
by their Governments, whose award the Allied and Associated Governments
agree to
accept.
14.
Decisions of the Commission, in accordance with the powers
conferred upon it,
shall forthwith become binding and may be put into immediate execution
without
further Proceedings.
15.
The Commission will issue to each of the interested Powers,
in such form as the
Commission shall fix:
(l) A certificate stating that it holds for the account of
the said Power bonds
of the issues mentioned above, the said certificate, on the demand
of the Power
concerned, being divisible in a number of parts not exceeding
five;
(2) From time to time certificates stating the goods delivered
by Germany on
account of her reparation debt which it holds for the account
of the said Power.
The said certificates shall be registered, and upon notice
to the Commission, may
be transferred by endorsement.
When bonds are issued for sale or negotiation, and when goods
are delivered by
the Commission, certificates to an equivalent value must be withdrawn.
16.
Interest shall be debited to Germany as from May 1, 1921, in
respect of her debt
as determined by the Commission, after allowing for sums already
covered by cash
payments or their equivalent, or by bonds issued to the Commission,
or under
Article 243. The rate of interest shall be 5 per cent. unless
the Commission
shall determine at some future time that circumstances justify
a variation of the
rate.
The Commission, in fixing on May 1, 1921, the total amount
of the debt of
Germany, may take account of interest due on sums arising out
of the reparation
of material damage as from November 11, 1918, up to May 1, 1921.
17.
In case of default by Germany in the performance of any obligation
under this
Part of the present Treaty, the Commission will forthwith give
notice of such
default to each of the interested Powers and may make such recommendations
as to
the action to be taken in consequence of such default as it may
think necessary.
18.
The measures which the Allied and Associated Powers shall have
the right to take,
in case of voluntary default by Germany, and which Germany agrees
not to regard
as acts of war may include economic and financial prohibitions
and reprisals and
in general such other measures as the respective Governments may
determine to be
necessary in the circumstances.
19.
Payments required to be made in gold or its equivalent on account
of the proved
claims of the Allied and Associated Powers may at any time be
accepted by the
Commission in the form of chattels, properties, commodities, businesses,
rights,
concessions within or without German territory, ships, bonds,
shares or
securities of any kind, or currencies of Germany or other States,
the value of
such substitutes for good being fixed at a fair and just amount
by the Commission
itself.
20.
The Commission, in fixing or accepting payment in specified
properties or rights,
shall have due regard for any legal or equitable interests of
the Allied and
Associated Powers or of neutral Powers or of their nationals therein.
21.
No member of the Commission shall be responsible, except to
the Government
appointing him, for any action or omission as such member. No
one of the Allied
or Associated Governments assumes any responsibility in respect
of any other
Government.
22.
Subject to the provisions of the present Treaty this Annex
may be amended by the
unanimous decision of the Governments represented from time to
time upon the
Commission.
23
When all the amounts due from Germany and her allies under
the present Treaty or
the decisions of the Commission have been discharged and all sums
received, or
their equivalents, shall have been distributed to the Powers interested,
the
Commission shall be dissolved.
ANNEX III.
1.
Germany recognises the right of the Allied and Associated Powers
to the
replacement, ton for ton (gross tonnage) and class for class,
of all merchant
ships and fishing boats lost or damaged owing to the war.
Nevertheless, and in spite of the fact that the tonnage of
German shipping at
present in existence is much less than that lost by the Allied
and Associated
Powers in consequence of the German aggression, the right thus
recognised will be
enforced on German ships and boats under the following conditions:
The German Government, on behalf of themselves and so as to
bind all other
persons interested, cede to the Allied and Associated Governments
the property in
all the German merchant ships which are of 1,600 tons gross and
upwards; in
one-half, reckoned in tonnage, of the ships which are between
1,000 tons and
1,600 tons gross; in one-quarter, reckoned in tonnage, of the
steam trawlers; and
in one-quarter, reckoned in tonnage, of the other fishing boats.
2.
The German Government will, within two months of the coming
into force of the
present Treaty, deliver to the Reparation Commission all the ships
and boats
mentioned in paragraph 1.
3.
The ships and boats mentioned in paragraph 1 include all ships
and boats which
(a) fly, or may be entitled to fly, the German merchant flag;
or (b) are owned by
any German national, company or corporation or by any company
or corporation
belonging to a country other than an Allied or Associated country
and under the
control or direction of German nationals; or (c) are now under
construction (1)
in Germany, (2) in other than Allied or Associated countries for
the account of
any German national, company or corporation.
4.
For the purpose of providing documents of title for the ships
and boats to be
handed over as above mentioned, the German Government will:
(a) Deliver to the Reparation Commission in respect of each
vessel a bill of sale
or other document of title evidencing the transfer to the Commission
of the
entire property in the vessel free from all encumbrances, charges
and liens of
all kinds, as the Commission may require;
(b) Take all measures that may be indicated by the Reparation
Commission for
ensuring that the ships themselves shall be placed at its disposal.
5.
As an additional part of reparation, Germany agrees to cause
merchant ships to be
built in German yards for the account of the Allied and Associated
Governments as
follows:
(a) Within three months of the coming into force of the present
Treaty, the
Reparation Commission will notify to the German Government the
amount of tonnage
to be laid down in German ship-yards in each of the two years
next succeeding the
three months mentioned above.
(b) Within two years of the coming into force of the present
Treaty, the
Reparation Commission will notify to the German Government the
amount of tonnage
to be laid down in each of the three years following the two years
mentioned
above.
(c) The amount of tonnage to be laid down in each year shall
not exceed 200,000
tons, gross tonnage.
(d) The specifications of the ships to be built, the conditions
under which they
are to be built and delivered, the price per ton at which they
are to be
accounted for by the Reparation Commission, and all other questions
relating to
the accounting ordering, building and delivery of the ships, shall
be determined
by the Commission.
6.
Germany undertakes to restore in kind and in normal condition
of upkeep to the
Allied and Associated Powers, within two months of the coming
into force of the
present Treaty, in accordance with procedure to be laid down by
the Reparation
Commission, any boats and other movable appliances belonging to
inland navigation
which since August 1, 1914, have by any means whatever come into
her possession
or into the possession of her nationals, and which can be identified
With a view to make good the loss in inland navigation tonnage
from whatever
cause arising, which has been incurred during the war by the Allied
and
Associated Powers, and which cannot be made good by means of the
restitution
prescribed above, Germany agrees to cede to the Reparation Commission
a portion
of the German river fleet up to the amount of the loss mentioned
above, provided
that such cession shall not exceed 20 per cent. of the river fleet
as it existed
on November 11, 1918.
The conditions of this cession shall be settled by the arbitrators
referred to in
Article 339 of Part XII (Ports, Waterways and Railways) of the
present Treaty,
who are charged with the settlement of difficulties relating to
the apportionment
of river tonnage resulting from the new international regime applicable
to
certain river systems or from the territorial changes affecting
those systems.
7.
Germany agrees to take any measures that may be indicated to
her by the
Reparation Commission for obtaining the full title to the property
in all ships
which have during the war been transferred, or are in process
of transfer, to
neutral flags, without the consent of the Allied and Associated
Governments.
8.
Germany waives all claims of any description against the Allied
and Associated
Governments and their nationals in respect of the detention, employment,
loss or
damage of any German ships or boats, exception being made of payments
due in
respect of the employment of ships in conformity with the Armistice
Agreement of
January 13, 1919, and subsequent Agreements.
The handing over of the ships of the German mercantile marine
must be continued
without interruption in accordance with the said Agreement.
9.
Germany waives all claims to vessels or cargoes sunk by or
in consequence of
naval action and subsequently salved, in which any of the Allied
or Associated
Governments or their nationals may have any interest either as
owners,
charterers, insurers or otherwise, notwithstanding any decree
of condemnation
which may have been made by a Prize Court of Germany or of her
allies.
ANNEX IV.
1.
The Allied and Associated Powers require, and Germany undertakes,
that in part
satisfaction of her obligations expressed in the present Part
she will, as
hereinafter provided, devote her economic resources directly to
the physical
restoration of the invaded areas of the Allied and Associated
Powers, to the
extent that these Powers may determine.
2.
The Allied and Associated Governments may file with the Reparation
Commission
lists showing:
(a) Animals, machinery, equipment, tools and like articles
of a commercial
character, which have been seized, consumed or destroyed by Germany
or destroyed
in direct consequence of military operations, and which such Governments,
for the
purpose of meeting immediate and urgent needs, desire to have
replaced by animals
and articles of the same nature which are in being in German territory
at the
date of the coming into force of the present Treaty;
(b) Reconstruction materials (stones, bricks, refractory bricks,
tiles, wood,
window-glass, steel, lime, cement, etc.), machinery, heating apparatus,
furniture
and like articles of a commercial character which the said Governments
desire to
have produced and manufactured in Germany and delivered to them
to permit of the
restoration of the invaded areas.
3.
The lists relating to the articles mentioned in 2 (a) above
shall be filed within
sixty days after the date of the coming into force of the present
Treaty.
The lists relating to the articles in 2 (b) above shall be
filed on or before
December 31, 1919.
The lists shall contain all such details as are customary in
commercial contracts
dealing with the subject matter, including specifications, dates
of delivery (but
not extending over more than four years), and places of delivery,
but not price
or value, which shall be fixed as hereinafter provided by the
Commission.
4.
Immediately upon the filing of such lists with the Commission,
the Commission
shall consider the amount and number of the materials and animals
mentioned in
the lists provided for above which are to be required of Germany.
In reaching a
decision on this matter the Commission shall take into account
such domestic
requirements of Germany as it deems essential for the maintenance
of Germany's
social and economic life, the prices and dates at which similar
articles can be
obtained in the Allied and Associated countries as compared with
those to be
fixed for German articles, and the general interest of the Allied
and Associated
Governments that the industrial life of Germany be not so disorganised
as to
affect adversely the ability of Germany to perform the other acts
of reparation
stipulated for.
Machinery, equipment, tools and like articles of a commercial
character in actual
industrial use are not, however, to be demanded of Germany unless
there is no
free stock of such articles respectively which is not in use and
is available,
and then not m excess of thirty per cent. of the quantity of such
articles in use
in any one establishment or undertaking.
The Commission shall give representatives of the German Government
an opportunity
and a time to be heard as to their capacity to furnish the said
materials,
articles and animals.
The decision of the Commission shall thereupon and at the earliest
possible
moment be communicated to the German Government and to the several
interested
Allied and Associated Governments.
The German Government undertakes to deliver the materials,
articles and animals
as specified in the said communication, and the interested Allied
and Associated
Governments severally agree to accept the same, provided they
conform to the
specification given, or are not, in the judgment of the Commission,
unfit to be
utilised in the work of reparation.
5.
The Commission shall determine the value to be attributed to
the materials,
articles and animals to be delivered in accordance with the foregoing,
and the
Allied or Associated Power receiving the same agrees to be charged
with such
value, and the amount thereof shall be treated as a payment by
Germany to be
divided in accordance with Article 237 of this Part of the present
Treaty.
In cases where the right to require physical restoration as
above provided is
exercised, the Commission shall ensure that the amount to be credited
against the
reparation obligation of Germany shall be the fair value of work
done or
materials supplied by Germany, and that the claim made by the
interested Power in
respect of the damage so repaired by physical restoration shall
be discharged to
the extent of the proportion which the damage thus repaired bears
to the whole of
the damage thus claimed for.
6.
As an immediate advance on account of the animals referred
to in paragraph 2 (a)
above, Germany undertakes to deliver in equal monthly installments
in the three
months following the coming into force of the present Treaty the
following
quantities of live stock:
(1) To the French Government.
500 stallions (3 to 7 years);
30,000 fillies and mares (18 months to 7 years), type: Ardennais,
Boulonnais or
Belgian;
2,000 bulls (18 months to 3 years);
90,000 milch cows (2 to 6 years);
1,000 rams;
100,000 sheep;
10,000 goats.
(2) To the Belgian Government.
200 stallions (3 to 7 years), large Belgian type;
5,000 mares (3 to 7 years), large Belgian type;
5,000 fillies (18 months to 3 years), large Belgian type;
2,000 bulls (18 months to 3 years);
50,000 milch cows (2 to 6 years);
40,000 heifers;
200 rams;
20,000 Sheep;
15,000 sows.
The animals delivered shall be of average health and condition.
To the extent that animals so delivered cannot be identified
as animals taken
away or seized, the value of such animals shall be credited against
the
reparation obligations of Germany in accordance with paragraph
5 of this Annex.
7.
Without waiting for the decisions of the Commission referred
to in paragraph 4 of
this Annex to be taken, Germany must continue the delivery to
France of the
agricultural material referred to in Article III of the renewal
dated January 16,
1919, of the Armistice.
ANNEX V.
1.
Germany accords the following options for the delivery of coal
and derivatives of
coal to the undermentioned signatories of the present Treaty.
2.
Germany undertakes to deliver to France seven million tons
of coal per year for
ten years. In addition, Germany undertakes to deliver to France
annually for a
period not exceeding ten years an amount of coal equal to the
difference between
the annual production before the war of the coal mines of the
Nord and Pas de
Calais, destroyed as a result of the war, and the production of
the mines of the
same area during the years in question: such delivery not to exceed
twenty
million tons in any one year of the first five years, and eight
million tons in
any one year of the succeeding five years.
It is understood that due diligence will be exercised in the
restoration of the
destroyed mines in the Nord and the Pas de Calais.
3.
Germany undertakes to deliver to Belgium eight million tons
of coal annually for
ten years.
4.
Germany undertakes to deliver to Italy up to the following
. quantities of coal:
July 1919 to June 1920 4-1/2 million tons, ­1920 ­1921
6 ­
­1921 ­1922 7-1/2 ­ ­1922 ­1923 8 ­ ­1923
­1924
and each of the following five years 8-1/2 ­
At least two-thirds of the actual deliveries to be land-borne.
5.
Germany further undertakes to deliver annually to Luxemburg,
if directed by the
Reparation Commission, a quantity of coal equal to the pre-war
annual consumption
of German coal in Luxemburg.
6.
The prices to be paid for coal delivered under these options
shall be as follows:
(a) For overland delivery, including delivery by barge, the
German pithead price
to German nationals, plus the freight to French, Belgian, Italian
or Luxemburg
frontiers, provided that the pithead price does not exceed the
pithead price of
British coal for export. In the case of Belgian bunker coal, the
price shall not
exceed the Dutch bunker price.
Railroad and barge tariffs shall not be higher than the lowest
similar rates paid
in Germany.
(b) For sea delivery, the German export price f. o. b. German
ports, or the
British export price f. o. b. British ports, whichever may be
lower.
7.
The Allied and Associated Governments interested may demand
the delivery, in
place of coal, of metallurgical coke in the proportion of 3 tons
of coke to 4
tons of coal.
8.
Germany undertakes to deliver to France, and to transport to
the French frontier
by rail or by water, the following products, during each of the
three years
following the coming into force of this Treaty:
Benzol 35,000 tons.
Coal tar 50,000 tons
Sulphate of ammonia 30,000 tons.
All or part of the coal tar may, at the option of the French
Government, be
replaced by corresponding quantities of products of distillation,
such as light
oils, heavy oils, anthracene, napthalene or pitch
9.
The price paid for coke and for the articles referred to in
the preceding
paragraph shall be the same as the price paid by German nationals
under the same
conditions of shipment to the French frontier or to the German
ports, and shall
be subject to any advantages which may be accorded similar products
furnished to
German nationals.
10.
The foregoing options shall be exercised through the intervention
of the
Reparation Commission, which, subject to the specific provisions
hereof, shall
have power to determine all questions relative to procedure and
the qualities and
quantities of products, the quantity of coke which may be substituted
for coal,
and the times and modes of delivery and payment. In giving notice
to the German
Government of the foregoing options the Commission shall give
at least 120 days,
notice of deliveries to be made after January 1, 1920, and at
least 30 days,
notice of deliveries to be made between the coming into force
of this Treaty and
January 1, 1920. Until Germany has received the demands referred
to in this
paragraph, the provisions of the Protocol of DecemberÊ25,
1918, (Execution of
Article VI of the Armistice of November 11, 1918) remain in force.
The notice to
be given to the German Government of the exercise of the right
of substitution
accorded by paragraphs 7 and 8 shall be such as the Reparation
Commission may
consider sufficient. If the Commission shall determine that the
full exercise of
the foregoing options would interfere unduly with the industrial
requirements of
Germany, the Commission is authorised to postpone or to cancel
deliveries, and in
so doing to settle all questions of priority; but the coal to
replace coal from
destroyed mines shall receive priority over other deliveries.
ANNEX VI.
1.
Germany accords to the Reparation Commission an option to require
as part of
reparation the delivery by Germany of such quantities and kinds
of dyestuffs and
chemical drugs as the Commission may designate, not exceeding
50 per cent. of the
total stock of each and every kind of dyestuff and chemical drug
in Germany or
under German control at the date of the coming into force of the
present Treaty.
This option shall be exercised within sixty days of the receipt
by the Commission
of such particulars as to stocks as may be considered necessary
by the
Commission.
2.
Germany further accords to the Reparation Commission an option
to require
delivery during the period from the date of the coming into force
of the present
Treaty until January 1, 1920, and during each period of six months
thereafter
until January 1 , 1925, of any specified kind of dyestuff and
chemical drug up to
an amount not exceeding 25 per cent. of the German production
of such dyestuffs
and chemical drugs during the previous six months period. If in
any case the
production during such previous six months was, in the opinion
of the Commission,
less than normal, the amount required may be 25 per cent. of the
normal
production.
Such option shall be exercised within four weeks after the
receipt of such
particulars as to production and in such form as may be considered
necessary by
the Commission; these particulars shall be furnished by the German
Government
immediately after the expiration of each six months period.
3.
For dyestuffs and chemical drugs delivered under paragraph
1 , the price shall be
fixed by the Commission having regard to prewar net export prices
and to
subsequent increases of cost.
For dyestuffs and chemical drugs delivered under paragraph
2, the price shall be
fixed by the Commission having regard to pre-war net export prices
and subsequent
variations of cost, or the lowest net selling price of similar
dyestuffs and
chemical drugs to any other purchaser.
[See Map The Former German Cables]
4.
All details, including mode and times of exercising the options,
and making
delivery, and all other questions arising under this arrangement
shall be
determined by the Reparation Commission; the German Government
will furnish to
the Commission all necessary information and other assistance
which it may
require.
5.
The above expression ,,dyestuffs and chemical drugs,, includes
all synthetic dyes
and drugs and intermediate or other products used in connection
with dyeing, so
far as they are manufactured for sale. The present arrangement
shall also apply
to cinchona bark and salts of quinine.
ANNEX VII.
Germany renounces on her own behalf and on behalf of her nationals
in favour of
the Principal Allied and Associated Powers all rights, titles
or privileges of
whatever nature in the submarine cables set out below, or in any
portions
thereof:
Emden-vigo: from the Straits of Dover to off vigo; Emden-Brest:
from off
Cherbourg to Brest; Emden-Teneriffe: from off Dunkirk to off Teneriffe;
Emden-Azores (1): from the Straits of Dover to Fayal; Emden-Azores
(2): from the
Straits of Dover to Fayal; Azores-New York (1): from Fayal to
New York;
Azores-New York (2): from Fayal to the longitude of Halifax, Teneriffe-Monrovia:
from off Teneriffe to off Monrovia; Monrovia-Lome:
from about lat. :2° 30' N.; long.:7° 40' W. of Greenwich:
to
about lat. :2° 20' N.; long.:5° 30, W. of Greenwich; and
from
about lat. :3° 48' N.; long.:0° 00', to Lome;
Lome-Duala: from Lome to Duala; Monrovia-Pernambuco: from off
Monrovia to off
Pernambuco; Constantinople-Constanza: from Constantinople to Constanza;
Yap-Shanghai, Yap-Guam, and Yap-Menado (Celebes): from Yap Island
to Shanghai,
from Yap Island to Guam Island, and from Yap Island to Menado.
The value of the above mentioned cables or portions thereof
in so far as they are
privately owned, calculated on the basis of the original cost
less a suitable
allowance for depreciation, shall be credited to Germany in the
reparation
account.
SECTION II.
SPECIAL PROVISIONS.
ARTICLE 245.
Within six months after the coming into force of the present
Treaty the German
Government must restore to the French Government the trophies,
archives,
historical souvenirs or works of art carried away from France
by the German
authorities in the course of the war of 1870-1871 and during this
last war, in
accordance with a list which will be communicated to it by the
French Government;
particularly the French flags taken in the course of the war of
1870-1871 and all
the political papers taken by the German authorities on October
1o, 1870, at the
chateau of Cercay, near Brunoy (Seine-et-Oise) belonging at the
time to Mr.
Rouher, formerly Minister of State.
ARTICLE 246.
Within six months from the coming into force of the present
Treaty, Germany will
restore to His Majesty the King of the Hedjaz the original Koran
of the Caliph
Othman, which was removed from Medina by the Turkish authorities
and is stated to
have been presented to the ex-Emperor William II.
Within the same period Germany will hand over to His Britannic
Majesty's
Government the skull of the Sultan Mkwawa which was removed from
the Protectorate
of German East Africa and taken to Germany.
The delivery of the articles above referred to will be effected
in such place and
in such conditions as may be laid down by the Governments to which
they are to be
restored.
ARTICLE 247.
Germany undertakes to furnish to the University of Louvain,
within three months
after a request made by it and transmitted through the intervention
of the
Reparation Commission, manuscripts, incunabula, printed books,
maps and objects
of collection corresponding in number and value to those destroyed
in the burning
by Germany of the Library of Louvain. All details regarding such
replacement will
be determined by the Reparation Commission.
Germany undertakes to deliver to Belgium, through the Reparation
Commission,
within six months of the coming into force of the present Treaty,
in order to
enable Belgium to reconstitute two great artistic works:
(1) The leaves of the triptych of the Mystic Lamb painted by
the Van Eyck
brothers, formerly in the Church of St. Bavon at Ghent, now in
the Berlin Museum;
(2) The leaves of the triptych of the Last Supper, painted
by Dierick Bouts,
formerly in the Church of St. Peter at Louvain, two of which are
now in the
Berlin Museum and two in the Old Pinakothek at Munich.
PART IX.
FINANCIAL CLAUSES.
ARTICLE 248.
Subject to such exceptions as the Reparation Commission may
approve, a first
charge upon all the assets and revenues of the German Empire and
its constituent
States shall be the cost of reparation and all other costs arising
under the
present Treaty or any treaties or agreements supplementary thereto
or under
arrangements concluded between Germany and the Allied and Associated
Powers
during the Armistice or its extensions.
Up to May 1, 1921, the German Government shall not export or
dispose of, and
shall forbid the export or disposal of, gold without the previous
approval of the
Allied and Associated Powers acting through the Reparation Commission.
ARTICLE 249.
There shall be paid by the German Government the total cost
of all armies of the
Allied and Associated Governments in occupied German territory
from the date of
the signature of the Armistice of November 11, 1918, including
the keep of men
and beasts, lodging and billeting, pay and allowances, salaries
and wages,
bedding, heating, lighting, clothing, equipment, harness and saddlery,
armament
and rolling-stock, air services, treatment of sick and wounded,
veterinary and
remount services, transport service of all sorts (such as by rail,
sea or river,
motor lorries), communications and correspondence, and in general
the cost of all
administrative or technical services the working of which is necessary
for the
training of troops and for keeping their numbers up to strength
and preserving
their military efficiency.
The cost of such liabilities under the above heads so far as
they relate to
purchases or requisitions by the Allied and Associated Governments
in the
occupied territories shall be paid by the German Government to
the Allied and
Associated Governments in marks at the current or agreed rate
of exchange. All
other of the above costs shall be paid in gold marks.
ARTICLE 250.
Germany confirms the surrender of all material handed over
to the Allied and
Associated Powers in accordance with the Armistice of November
11, 1918, and
subsequent Armistice Agreements, and recognises the title of the
Allied and
Associated Powers to such material.
There shall be credited to the German Government, against the
sums due from it to
the Allied and Associated Powers for reparation, the value, as
assessed by the
Reparation Commission, referred to in Article 233 of Part VIII
(Reparation) of
the present Treaty, of the material handed over in accordance
with Article VII of
the Armistice of November 11, 1918, or Article III of the Armistice
Agreement of
January l6, 1919, as well as of any other material handed over
in accordance with
the Armistice of November 11, 1918, and of subsequent Armistice
Agreements, for
which, as having non-military value, credit should in the judgment
of the
Reparation Commission be allowed to the German Government.
Property belonging to the Allied and Associated Governments
or their nationals
restored or surrendered under the Armistice Agreements in specie
shall not be
credited to the German Government.
ARTICLE 251.
The priority of the charges established by Article 248 shall,
subject to the
qualifications made below, be as follows:
(a) The cost of the armies of occupation as defined under Article
249 during the
Armistice and its extensions;
(b) The cost of any armies of occupation as defined under Article
249 after the
coming into force of the present Treaty;
(c) The cost of reparation arising out of the present Treaty
or any treaties or
conventions supplementary thereto;
(d) The cost of all other obligations incumbent on Germany
under the Armistice
Conventions or under this Treaty or any treaties or conventions
supplementary
thereto.
The payment for such supplies of food and raw material for
Germany and such other
payments as may be judged by the Allied and Associated Powers
to be essential to
enable Germany to meet her obligations in respect of reparation
will have
priority to the extent and upon the conditions which have been
or may be
determined by the Governments of the said Powers.
ARTICLE 252.
The right of each of the Allied and Associated Powers to dispose
of enemy assets
and property within its jurisdiction at the date of the coming
into force of the
present Treaty is not affected by the foregoing provisions.
ARTICLE 253.
Nothing in the foregoing provisions shall prejudice in any
manner charges or
mortgages lawfully effected in favour of the Allied or Associated
Powers or their
nationals respectively, before the date at which a state of war
existed between
Germany and the Allied or Associated Power concerned, by the German
Empire or its
constituent States, or by German nationals, on assets in their
ownership at that
date.
ARTICLE 254/
The Powers to which German territory is ceded shall, subject
to the
qualifications made in Article 255, undertake to pay:
(1) A portion of the debt of the German Empire as it stood
on August 1, 1914,
calculated on the basis of the ratio between the average for the
three financial
years 1911, 1912, 1913, of such revenues of the ceded territory,
and the average
for the same years of such revenues of the whole German Empire
as in the judgment
of the Reparation Commission are best calculated to represent
the relative
ability of the respective territories to make payment;
A portion of the debt as it stood on August 1, 1914, of the
German State to which
the ceded territory belonged, to be determined in accordance with
the principle
stated above.
Such portions shall be determined by the Reparation Commission.
The method of discharging the obligation, both in respect of
capital and of
interest, so assumed shall be fixed by the Reparation Commission.
Such method may
take the form, inter alia, of the assumption by the Power to which
the territory
is ceded of Germany's liability for the German debt held by her
nationals. But in
the event of the method adopted involving any payments to the
German Government,
such payments shall be transferred to the Reparation Commission
on account of the
sums due for reparation so long as any balance in respect of such
sums remains
unpaid.
ARTICLE 255.
(1) As an exception to the above provision and inasmuch as
in 1871 Germany
refused to undertake any portion of the burden of the French debt,
France shall
be, in respect of Alsace-Lorraine, exempt from any payment under
Article 254.
(2) In the case of Poland that portion of the debt which, in
the opinion of the
Reparation Commission, is attributable to the measures taken by
the German and
Prussian Governments for the German colonisation of Poland shall
be excluded from
the apportionment to be made under Article 254.
(3) In the case of all ceded territories other than Alsace-Lorraine,
that portion
of the debt of the German Empire or German States which, in the
opinion of the
Reparation Commission, represents expenditure by the Governments
of the German
Empire or States upon the Government properties referred to in
Article 256 shall
be excluded from the apportionment to be made under Article 254.
ARTICLE 256.
Powers to which German territory is ceded shall acquire all
property and
possessions situated therein belonging to the German Empire or
to the German
States, and the value of such acquisitions shall be fixed by the
Reparation
Commission, and paid by the State acquiring the territory to the
Reparation
Commission for the credit of the German Government on account
of the sums due for
reparation.
For the purposes of this Article the property and possessions
of the German
Empire and States shall be deemed to include all the property
of the Crown, the
Empire or the States, and the private property of the former German
Emperor and
other Royal personages.
In view of the terms on which Alsace-Lorraine was ceded to
Germany in 1871,
France shall be exempt in respect thereof from making any payment
or credit under
this Article for any property or possessions of the German Empire
or States
situated therein.
Belgium also shall be exempt from making any payment or any
credit under this
Article for any property or possessions of the German Empire or
States situated
in German territory ceded to Belgium under the present Treaty.
ARTICLE 257.
In the case of the former German territories, including colonies,
protectorates
or dependencies, administered by a Mandatory under Article 22
of Part I (League
of Nations) of the present Treaty, neither the territory nor the
Mandatory Power
shall be charged with any portion of the debt of the German Empire
or States.
All property and possessions belonging to the German Empire
or to the German
States situated in such territories shall be transferred with
the territories to
the Mandatory Power in its capacity as such and no payment shall
be made nor any
credit given to those Governments in consideration of this transfer.
For the purposes of this Article the property and possessions
of the German
Empire and of the German States shall be deemed to include all
the property of
the Crown, the Empire or the States and the private property of
the former German
Emperor and other Royal personages.
ARTICLE 258.
Germany renounces all rights accorded to her or her nationals
by treaties,
conventions or agreements, of whatsoever kind, to representation
upon or
participation in the control or administration of commissions,
state banks,
agencies or other financial or economic organisations of an international
character, exercising powers of control or administration, and
operating in any
of the Allied or Associated States, or in Austria, Hungary, Bulgaria
or Turkey,
or in the dependencies of these States, or in the former Russian
Empire.
ARTICLE 259.
(1) Germany agrees to deliver within one month from the date
of the coming into
force of the present Treaty, to such authority as the Principal
Allied and
Associated Powers may designate, the sum in gold which was to
be deposited in the
Reichsbank in the name of the Council of the Administration of
the Ottoman Public
Debt as security for the first issue of Turkish Government currency
notes.
(2) Germany recognises her obligation to make annually for
the period of twelve
years the payments in gold for which provision is made in the
German Treasury
Bonds deposited by her from time to time in the name of the Council
of the
Administration of the Ottoman Public Debt as security for the
second and
subsequent issues of Turkish Government currency notes.
(3) Germany undertakes to deliver, within one month from the
coming into force of
the present Treaty, to such authority as the Principal Allied
and Associated
Powers may designate, the gold deposit constituted in the Reichsbank
or
elsewhere, representing the residue of the advance in gold agreed
to on May 5,
1915, by the Council of the Administration of the Ottoman Public
Debt to the
Imperial Ottoman Government.
(4) Germany agrees to transfer to the Principal Allied and
Associated Powers any
title that she may have to the sum in gold and silver transmitted
by her to the
Turkish Ministry of Finance in November, 1918, in anticipation
of the payment to
be made in May, 1919, for the service of the Turkish Internal
Loan.
(5) Germany undertakes to transfer to the Principal Allied
and Associated Powers,
within a period of one month from the coming into force of the
present Treaty,
any sums in gold transferred as pledge or as collateral security
to the German
Government or its nationals in connection with loans made by them
to the
Austro-Hungarian Government.
(6) Without prejudice to Article 292 of Part X (Economic Clauses)
of the present
Treaty, Germany confirms the renunciation provided for in Article
XV of the
Armistice of November 11, 1918, of any benefit disclosed by the
Treaties of
Bucharest and of Brest-Litovsk and by the treaties supplementary
thereto.
Germany undertakes to transfer, either to Roumania or to the
Principal Allied and
Associated Powers as the case may be, all monetary instruments,
specie,
securities and negotiable instruments, or goods, which she has
received under the
aforesaid Treaties.
(7) The sums of money and all securities, instruments and goods
of whatsoever
nature, to be delivered, paid and transferred under the provisions
of this
Article, shall be disposed of by the Principal Allied and Associated
Powers in a
manner hereafter to be determined by those Powers.
ARTICLE 260.
Without prejudice to the renunciation of any rights by Germany
on behalf of
herself or of her nationals in the other provisions of the present
Treaty, the
Reparation Commission may within one year from the coming into
force of the
present Treaty demand that the German Government become possessed
of any rights
and interests of German nationals in any public utility undertaking
or in any
concession operating in Russia, China, Turkey, Austria, Hungary
and Bulgaria, or
in the possessions or dependencies of these States or in any territory
formerly
belonging to Germany or her allies, to be ceded by Germany or
her allies to any
Power or to be administered by a Mandatory under the present Treaty,
and may
require that the German Government transfer, within six months
of the date of
demand, all such rights and interests and any similar rights and
interests the
German Government may itself possess to the Reparation Commission.
Germany shall be responsible for indemnifying her nationals
so dispossessed, and
the Reparation Commission shall credit Germany, on account of
sums due for
reparation, with such sums in respect of the value of the transferred
rights and
interests as may be assessed by the Reparation Commission, and
the German
Government shall, within six months from the coming into force
of the present
Treaty, communicate to the Reparation Commission all such rights
and interests,
whether already granted, contingent or not yet exercised, and
shall renounce on
behalf of itself and its nationals in favour of the Allied and
Associated Powers
all such rights and interests which have not been so communicated.
ARTICLE 261.
Germany undertakes to transfer to the Allied and Associated
Powers any claims she
may have to payment or repayment by the Governments of Austria,
Hungary, Bulgaria
or Turkey, and, in particular, any claims which may arise, now
or hereafter, from
the fulfilment of undertakings made by Germany during the war
to those
Governments.
ARTICLE 262.
Any monetary obligation due by Germany arising out of the present
Treaty and
expressed in terms of gold marks shall be payable at the option
of the creditors
in pounds sterling payable in London; gold dollars of the United
States of
America payable in New York; gold francs payable in Paris; or
gold lire payable
in Rome.
For the purpose of this Article the gold coins mentioned above
shall be defined
as being of the weight and fineness of gold as enacted by law
on January 1, 1914.
ARTICLE 263.
Germany gives a guarantee to the Brazilian Government that
all sums representing
the sale of coffee belonging to the State of Sao Paolo in the
ports of Hamburg,
Bremen, Antwerp and Trieste, which were deposited with the Bank
of Bleichroder at
Berlin, shall be reimbursed together with interest at the rate
or rates agreed
upon. Germany having prevented the transfer of the sums in question
to the State
of Sao Paolo at the proper time, guarantees also that the reimbursement
shall be
effected at the rate of exchange of the day of the deposit.
PART X.
ECONOMIC CLAUSES.
SECTION l.
COMMERCIAL RELATIONS.
CHAPTER I.
CUSTOMS REGULATIONS, DUTIES AND RESTRICTIONS.
ARTICLE 264.
Germany undertakes that goods the produce or manufacture of
any one of the Allied
or Associated States imported into Germany territory, from whatsoever
place
arriving, shall not be subjected to other or higher duties or
charges (including
internal charges) than those to which the like goods the produce
or manufacture
of any other such State or of any other foreign country are subject.
Germany will not maintain or impose any prohibition or restriction
on the
importation into German territory of any goods the produce or
manufacture of the
territories of any one of the Allied or Associated States, from
whatsoever place
arriving, which shall not equally extend to the importation of
the like goods the
produce or manufacture of any other such State or of any other
foreign country.
ARTICLE 265.
Germany further undertakes that, in the matter of the regime
applicable on
importation, no discrimination against the commerce of any of
the Allied and
Associated States as compared with any other of the said States
or any other
foreign country shall be made, even by indirect means, such as
customs
regulations or procedure, methods of verification or analysis
conditions of
payment of duties, tariff classification or interpretation, or
the operation of
monopolies.
ARTICLE 266.
In all that concerns exportation Germany undertakes that goods,
natural products
or manufactured articles, exported from German territory to the
territories of
any one of the Allied or Associated States shall not be subjected
to other or
higher duties or charges (including internal charges) than those
paid on the like
goods exported to any other such State or to any other foreign
country.
Germany will not maintain or impose any prohibition or restriction
on the
exportation of any goods sent from her territory to any one of
the Allied or
Associated States which shall not equally extend to the exportation
of the like
goods, natural products or manufactured articles, sent to any
other such State or
to any other foreign country.
ARTICLE: 267.
Every favour, immunity or privilege in regard to the importation,
exportation or
transit of goods granted by Germany to any Allied or Associated
State or to any
other foreign country whatever shall simultaneously and unconditionally,
without
request and without compensation, be extended to all the Allied
and Associated
States.
ARTICLE 268.
The provisions of Articles 264 to 267 inclusive of this Chapter
and of Article
323 of Part XII (Ports, Waterways and Railways) of the present
Treaty are subject
to the following exceptions:
(a) For a period of five years from the coming into force of
the present Treaty,
natural or manufactured products which both originate in and come
from the
territories of Alsace and Lorraine reunited to France shall, on
importation into
German customs territory, be exempt from all customs duty.
The French Government shall fix each year, by decree communicated
to the German
Government, the nature and amount of the products which shall
enjoy this
exemption.
The amount of each product which may be thus sent annually
into Germany shall not
exceed the average of the amounts sent annually in the years 1911-1913.
Further, during the period above mentioned the German Government
shall allow the
free export from Germany, and the free re-importation into Germany,
exempt from
all customs duties and other charges (including internal charges),
of yarns,
tissues, and other textile materials or textile products of any
kind and in any
condition, sent from Germany into the territories of Alsace or
Lorraine, to be
subjected there to any finishing process, such as bleaching, dyeing,
printing,
mercerisation, gassing, twisting or dressing.
(b) During a period of three years from the coming into force
of the present
Treaty natural or manufactured products which both originate in
and come from
Polish territories which before the war were part of Germany shall,
on
importation into German customs territory, be exempt from all
customs duty.
The Polish Government shall fix each year, by decree communicated
to the German
Government, the nature and amount of the products which shall
enjoy this
exemption.
The amount of each product which may be thus sent annually
into Germany shall not
exceed the average of the amounts sent annually in the years 1911-1913.
(c) The Allied and Associated Powers reserve the right to require
Germany to
accord freedom from customs duty, on importation into German customs
territory,
to natural products and manufactured articles which both originate
in and come
from the Grand Duchy of Luxemburg, for a period of five years
from the coming
into force of the present Treaty.
The nature and amount of the products which shall enjoy the
benefits of this
regime shall be communicated each year to the German Government.
The amount of each product which may be thus sent annually
into Germany shall not
exceed the average of the amounts sent annually in the years 1911-1913.
ARTICLE 269.
During the first six months after the coming into force of
the present Treaty,
the duties imposed by Germany on imports from Allied and Associated
States shall
not be higher than the most favourable duties which were applied
to imports into
Germany on July 31, 1914.
During a further period of thirty months after the expiration
of the first six
months, this provision shall continue to be applied exclusively
with regard to
products which, being comprised in Section A of the First Category
of the German
Customs Tariff of December 25, 1902, enjoyed at the above-mentioned
date (July
31, 1914) rates conventionalised by treaties with the Allied and
Associated
Powers, with the addition of all kinds of wine and vegetable oils,
of artificial
silk and of washed or scoured wool whether or not they were the
subject of
special conventions before July 31, 1914.
ARTICLE 270.
The Allied and Associated Powers reserve the right to apply
to German territory
occupied by their troops a special customs regime as regards imports
and exports,
in the event of such a measure being necessary in their opinion
in order to
safeguard the economic interests of the population of these territories.
CHAPTER II.
SHIPPING.
ARTICLE 271.
As regards sea fishing, maritime coasting trade, and maritime
towage, vessels of
the Allied and Associated Powers shall enjoy, in German territorial
waters, the
treatment accorded to vessels of the most favoured nation.
ARTICLE 272.
Germany agrees that, notwithstanding any stipulation to the
contrary contained in
the Conventions relating to the North Sea fisheries and liquor
traffic, all
rights of inspection and police shall, in the case of fishing-boats
of the Allied
Powers, be exercised solely by ships belonging to those Powers.
ARTICLE 273.
In the case of vessels of the Allied or Associated Powers,
all classes of
certificates or documents relating to the vessel, which were recognised
as valid
by Germany before the war, or which may hereafter be recognised
as valid by the
principal maritime States, shall be recognised by Germany as valid
and as
equivalent to the corresponding certificates issued to German
vessels.
A similar recognition shall be accorded to the certificates
and documents issued
to their vessels by the Governments of new States, whether they
have a sea-coast
or not, provided that such certificates and documents shall be
issued m
conformity with the general practice observed in the principal
maritime States.
The High Contracting Parties agree to recognise the flag flown
by the vessels of
an Allied or Associated Power having no seacoast which are registered
at some one
specified place situated in its territory; such place shall serve
as the port of
registry of such vessels.
CHAPTER III
UNFAIR COMPETITION.
ARTICLE 274.
Germany undertakes to adopt all the necessary legislative and
administrative
measures to protect goods the produce or manufacture of any one
of the Allied and
Associated Powers from all forms of unfair competition in commercial
transactions.
Germany undertakes to prohibit and repress by seizure and by
other appropriate
remedies the importation, exportation, manufacture, distribution,
sale or
offering for sale in its territory of all goods bearing upon themselves
or their
usual get-up or wrappings any marks, names, devices, or description
whatsoever
which are calculated to convey directly or indirectly a false
indication of the
origin, type, nature, or special characteristics of such goods.
ARTICLE 275
Germany undertakes on condition that reciprocity is accorded
in these matters to
respect any law, or any administrative or judicial decision given
in conformity
with such law, in force in any Allied or Associated State and
duly communicated
to her by the proper authorities, defining or regulating the right
to any
regional appellation in respect of wine or spirits produced in
the State to which
the region belongs, or the conditions under which the use of any
such appellation
may be permitted; and the importation, exportation, manufacture,
distribution,
sale or offering for sale of products or articles bearing regional
appellations
inconsistent with such law or order shall be prohibited by the
German Government
and repressed by the measures prescribed in the preceding Article.
CHAPTER IV.
TREATMENT OF NATIONALS OF ALLIED AND ASSOCIATED POWERS.
ARTICLE 276.
Germany undertakes:
(a) Not to subject the nationals of the Allied and Associated
Powers to any
prohibition in regard to the exercise of occupations, professions,
trade and
industry, which shall not be equally applicable to all aliens
without exception;
(b) Not to subject the nationals of the Allied and Associated
Powers in regard to
the rights referred to in paragraph (a) to any regulation or restriction
which
might contravene directly or indirectly the stipulations of the
said paragraph,
or which shall be other or more disadvantageous than those which
are applicable
to nationals of the most favoured nation;
(c) Not to subject the nationals of the Allied and Associated
Powers, their
property, rights or interests, including companies and associations
In which they
are interested, to any charge, tax or impost, direct or indirect,
other or higher
than those which are or may be imposed on her own nationals or
their property,
rights or interests;
(d) Not to subject the nationals of any one of the Allied and
Associated Powers
to any restriction which was not applicable on July l, 1914, to
the nationals of
such Powers unless such restriction is likewise imposed on her
own nationals.
ARTICLE 277.
The nationals of the Allied and Associated Powers shall enjoy
in German territory
a constant protection for their persons and for their property,
rights and
interests, and shall have free access to the courts of law.
ARTICLE 278.
Germany undertakes to recognise any new nationality which has
been or may be
acquired by her nationals under the laws of the Allied and Associated
Powers and
in accordance with the decisions of the competent authorities
of these Powers
pursuant to naturalisation laws or under treaty stipulations,
and to regard such
persons as having, in consequence of the acquisition of such new
nationality, in
all respects severed their allegiance to their country of origin.
ARTICLE 279.
The Allied and Associated Powers may appoint consuls-general,
consuls,
vice-consuls, and consular agents in German towns and ports. Germany
undertakes
to approve the designation of the consuls-general, consuls, vice-consuls,
and
consular agents, whose names shall be notified to her, and to
admit them to the
exercise of their functions in conformity with the usual rules
and customs.
CHAPTER V.
GENERAL ARTICLES
ARTICLE 280.
The obligations imposed on Germany by Chapter I and by Articles
27l and 272 of
Chapter II above shall cease to have effect five years from the
date of the
coming into force of the present Treaty, unless otherwise provided
in the text,
or unless the Council of the League of Nations shall, at least
twelve months
before the expiration of that period, decide that these obligations
shall be
maintained for a further period with or without amendment.
Article 276 of Chapter IV shall remain in operation, with or
without amendment,
after the period of five years for such further period, if any,
not exceeding
five years, as may be determined by a majority of the Council
of the League of
Nations.
ARTICLE 28l.
If the German Government engages in international trade, it
shall not in respect
thereof have or be deemed to have any rights, privileges or immunities
of
sovereignty.
SECTION II.
TREATIES.
ARTICLE 282.
From the coming into force of the present Treaty and subject
to the provisions
thereof the multilateral treaties, conventions and agreements
of an economic or
technical character enumerated below and in the subsequent Articles
shall alone
be applied as between Germany and those of the Allied and Associated
Powers party
thereto:
(l) Conventions of March l4, 1884, December 1, 1886, and March
23, 1887, and
Final Protocol of July 7, 1887, regarding the protection of submarine
cables.
(2) Convention of October 11, 1909, regarding the international
circulation of
motor-cars.
(3) Agreement of May 15, 1886, regarding the sealing of railway
trucks subject to
customs inspection, and Protocol of May 18, 1907.
(4) Agreement of May 15, 1886, regarding the technical standardisation
of
railways.
(5) Convention of July 5, 1890, regarding the publication of
customs tariffs and
the organisation of an International Union for the publication
of customs
tariffs.
(6) Convention of December 31, 1913, regarding the unification
of commercial
statistics.
(7) Convention of April 25, 1907, regarding the raising of
the Turkish customs
tariff.
(8) Convention of March 14, 1857, for the redemption of toll
dues on the Sound
and Belts.
(9) Convention of June 22, 1861, for the redemption of the
Stade Toll on the
Elbe.
(10) Convention of July 16, 1863, for the redemption of the
toll dues on the
Scheldt.
(11) Convention of October 29, 1888, regarding the establishment
of a definite
arrangement guaranteeing the free use of the Suez Canal.
(12) Conventions of September 23, 1910, respecting the unification
of certain
regulations regarding collisions and salvage at sea.
(13) Convention of December 21, 1904, regarding the exemption
of hospital ships
from dues and charges in ports
(14) Convention of February 4, 1898, regarding the tonnage
measurement of vessels
for inland navigation.
(15) Convention of September 26, 1906, for the suppression
of nightwork for
women.
(16) Convention of September 26, 1906, for the suppression
of the use of white
phosphorus in the manufacture of matches.
(17) Conventions of May 18, 1904, and May 4, 1910, regarding
the suppression of
the White Slave Traffic.
(18) Convention of May 4, 1910, regarding the suppression of
obscene
publications.
(19) Sanitary Conventions of January 30, 1892, April l5, l893,
April 3, l894,
March l9, 1897, and December 3, 1903.
(20) Convention of May 20, 1875, regarding the unification
and improvement of the
metric system.
(21) Convention of November 29, 1906, regarding the unification
of pharmacopoeial
formulae for potent drugs.
(22) Convention of November 16 and 19, 1885, regarding the
establishment of a
concert pitch.
(23) Convention of June 7, 1905, regarding the creation of
an International
Agricultural Institute at Rome.
(24) Conventions of November 3, 188l, and April l5, l889, regarding
precautionary
measures against phylloxera.
(25) Convention of March 19, l902, regarding the protection
of birds useful to
agriculture.
(26) Convention of June l2, 1902, as to the protection of minors.
ARTICLE 283.
From the coming into force of the present Treaty the High Contracting
Parties
shall apply the conventions and agreements hereinafter mentioned,
in so far as
concerns them, on condition that the special stipulations contained
in this
Article are fulfilled by Germany.
Postal Conventions:
Conventions and agreements of the Universal Postal Union concluded
at Vienna,
July 4, 1891.
Conventions and agreements of the Postal Union signed at Washington,
June 15,
1897.
Conventions and agreements of the Postal Union signed at Rome,
May 26, 1906.
Telegraphic Conventions:
International Telegraphic Conventions signed at St. Petersburg
July 10, 22, 1875.
Regulations and Tariffs drawn up by the International Telegraphic
Conference,
Lisbon, June 11, 1908.
Germany undertakes not to refuse her assent to the conclusion
by the new States
of the special arrangements referred to in the conventions and
agreements
relating to the Universal Postal Union and to the International
Telegraphic
Union, to which the said new States have adhered or may adhere.
ARTICLE 284.
From the coming into force of the present Treaty the High Contracting
Parties
shall apply, in so far as concerns them, the International Radio-Telegraphic
Convention of July S, 1912, on condition that Germany fulfills
the provisional
regulations which will be indicated to her by the Allied and Associated
Powers.
If within five years after the coming into force of the present
Treaty a new
convention regulating international radio-telegraphic communications
should have
been concluded to take the place of the Convention of July 5,
1912, this new
convention shall bind Germany, even if Germany should refuse either
to take part
in drawing up the convention, or to subscribe thereto.
This new convention will likewise replace the provisional regulations
in force.
ARTICLE 285.
From the coming into force of the present Treaty, the High
Contracting Parties
shall apply in so far as concerns them and under the conditions
stipulated in
Article 272, the conventions hereinafter mentioned:
(1) The Conventions of May 6, 1882, and February 1, 1889, regulating
the
fisheries in the North Sea outside territorial waters.
(2) The Conventions and Protocols of November 16, 1887, February
14, 1893, and
April 11, 1894, regarding the North Sea liquor traffic.
ARTICLE 286.
The International Convention of Paris of March 20, 1883, for
the protection of
industrial property, revised at Washington on June 2, 1911; and
the International
Convention of Berne of September 9, 1886, for the protection of
literary and
artistic works, revised at Berlin on November 13, 1908, and completed
by the
additional Protocol signed at Berne on March 20, 1914, will again
come into
effect as from the coming into force of the present Treaty, in
so far as they are
not affected or modified by the exceptions and restrictions resulting
therefrom.
ARTICLE 287.
From the coming into force of the present Treaty the High Contracting
Parties
shall apply, in so far as concerns them, the Convention of the
Hague of July 17,
1905, relating to civil procedure. This renewal, however, will
not apply to
France, Portugal and Roumania.
ARTICLE 288.
The special rights and privileges granted to Germany by Article
3 of the
Convention of December 2, 1899, relating to Samoa shall be considered
to have
terminated on August 4, 1914.
ARTICLE 289.
Each of the Allied or Associated Powers, being guided by the
general principles
or special provisions of the present Treaty, shall notify to Germany
the
bilateral treaties or conventions which such Allied or Associated
Power wishes to
revive with Germany.
The notification referred to in the present Article shall be
made either directly
or through the intermediary of another Power. Receipt thereof
shall be
acknowledged in writing by Germany. The date of the revival shall
be that of the
notification.
The Allied and Associated Powers undertake among themselves
not to revive with
Germany any conventions or treaties which are not in accordance
with the terms of
the present Treaty.
The notification shall mention any provisions of the said conventions
and
treaties which, not being in accordance with the terms of the
present Treaty,
shall not be considered as revived.
In case of any difference of opinion, the League of Nations
will be called on to
decide.
A period of six months from the coming into force of the present
Treaty is
allowed to the Allied and Associated Powers within which to make
the
notification.
Only those bilateral treaties and conventions which have been
the subject of such
a notification shall be revived between the Allied and Associated
Powers and
Germany; all the others are and shall remain abrogated.
The above regulations apply to all bilateral treaties or conventions
existing
between all the Allied and Associated Powers signatories to the
present Treaty
and Germany, even if the said Allied and Associated Powers have
not been in a
state of war with Germany.
ARTICLE 290.
Germany recognises that all the treaties, conventions or agreements
which she has
concluded with Austria, Hungary, Bulgaria or Turkey since August
1, 1914, until
the coming into force of the present Treaty are and remain abrogated
by the
present Treaty.
ARTICLE 291.
Germany undertakes to secure to the Allied and Associated Powers,
and to the
officials and nationals of the said Powers, the enjoyment of all
the rights and
advantages of any kind which she may have granted to Austria,
Hungary, Bulgaria
or Turkey, or to the officials and nationals of these States by
treaties,
conventions or arrangements concluded before August 1, 1914, so
long as those
treaties, conventions or arrangements remain in force.
The Allied and Associated Powers reserve the right to accept
or not the enjoyment
of these rights and advantages.
ARTICLE 292.
Germany recognises that all treaties, conventions or arrangements
which she
concluded with Russia, or with any State or Government of which
the territory
previously formed a part of Russia, or with Roumania, before August
1, 1914, or
after that date until coming into force of the present Treaty,
are and remain
abrogated.
ARTICLE 293.
Should an Allied or Associated Power, Russia, or a State or
Government of which
the territory formerly constituted a part of Russia, have been
forced since
August 1, 1914, by reason of military occupation or by any other
means or for any
other cause, to grant or to allow to be granted by the act of
any public
authority, concessions, privileges and favours of any kind to
Germany or to a
German national, such concessions, privileges and favours are
ipso facto annulled
by the present Treaty.
No claims or indemnities which may result from this annulment
hall be charged
against the Allied or Associated Powers or the Powers, States,
Governments or
public authorities which are released from their engagements by
the present
Article.
ARTICLE 294.
From the coming into force of the present Treaty Germany undertakes
to give the
Allied and Associated Powers and their nationals the benefit ipso
facto of the
rights and advantages of any kind which she has granted by treaties,
conventions,
or arrangements to nonbelligerent States or their nationals since
August 1, 1914,
until the coming into force of the present Treaty, so long as
those treaties,
conventions or arrangements remain in force.
ARTICLE 295.
Those of the High Contracting Parties who have not yet signed,
or who have signed
but not yet ratified, the Opium Convention signed at The Hague
on January 23,
1912, agree to bring the said Convention into force, and for this
purpose to
enact the necessary legislation without delay and in any case
within a period of
twelve months from the coming into force of the present Treaty.
Furthermore, they agree that ratification of the present Treaty
should in the
case of Powers which have not yet ratified the Opium Convention
be deemed in all
respects equivalent to the ratification of that Convention and
to the signature
of the Special Protocol which was opened at The Hague in accordance
with the
resolutions adopted by the Third Opium Conference in 1914 for
bringing the said
Convention into force.
For this purpose the Government of the French Republic will
communicate to the
Government of the Netherlands a certified copy of the protocol
of the deposit of
ratifications of the present Treaty, and will invite the Government
of the
Netherlands to accept and deposit the said certified copy as if
it were a deposit
of ratifications of the Opium Convention and a signature of the
Additional
Protocol of 1914.
SECTION III.
DEBTS.
ARTICLE 296.
There shall be settled through the intervention of clearing
offices to be
established by each of the High Contracting Parties within three
months of the
notification referred to in paragraph (e) hereafter the following
classes of
pecuniary obligations:
(1) Debts payable before the war and due by a national of one
of the Contracting
Powers, residing within its territory, to a national of an Opposing
Power,
residing within its territory;
(2) Debts which became payable during the war to nationals
of one Contracting
Power residing within its territory and arose out of transactions
or contracts
with the nationals of an Opposing Power, resident within its territory,
of which
the total or partial execution was suspended on account of the
declaration of
war;
(3) Interest which has accrued due before and during the war
to a national of one
of the Contracting Powers in respect of securities issued by an
Opposing Power,
provided that the payment of interest on such securities to the
nationals of that
Power or to neutrals has not been suspended during the war;
(4) Capital sums which have become payable before and during
the war to nationals
of one of the Contracting Powers in respect of securities issued
by one of the
Opposing Powers, provided that the payment of such capital sums
to nationals of
that Power or to neutrals has not been suspended during the war.
The proceeds of liquidation of enemy property, rights and interests
mentioned in
Section IV and in the Annex thereto will be accounted for through
the Clearing
Offices, in the currency and at the rate of exchange hereinafter
provided in
paragraph (d), and disposed of by them under the conditions provided
by the said
Section and Annex.
The settlements provided for in this Article shall be effected
according to the
following principles and in accordance with the Annex to this
Section:
(a) Each of the High Contracting Parties shall prohibit, as
from the coming into
force of the present Treaty, both the payment and the acceptance
of payment of
such debts, and also all communications between the interested
parties with
regard to the settlement of the said debts otherwise than through
the Clearing
Offices;
(b) Each of the High Contracting Parties shall be respectively
responsible for
the payment of such debts due by its nationals, except in the
cases where before
the war the debtor was in a state of bankruptcy or failure, or
had given formal
indication of insolvency or where the debt was due by a company
whose business
has been liquidated under emergency legislation during the war.
Nevertheless,
debts due by the inhabitants of territory invaded or occupied
by the enemy before
the Armistice will not be guaranteed by the States of which those
territories
form part;
(c) The sums due to the nationals of one of the High Contracting
Parties by the
nationals of an Opposing State will be debited to the Clearing
Office of the
country of the debtor, and paid to the creditor by the Clearing
Office of the
country of the creditor;
(d) Debts shall be paid or credited in the currency of such
one of the Allied and
Associated Powers, their colonies or protectorates, or the British
Dominions or
India, as may be concerned. If the debts are payable in some other
currency they
shall be paid or credited in the currency of the country concerned,
whether an
Allied or Associated Power, Colony, Protectorate, British Dominion
or India, at
the pre-war rate of exchange.
For the purpose of this provision the pre-war rate of exchange
shall be defined
as the average cable transfer rate prevailing in the Allied or
Associated country
concerned during the month immediately preceding the outbreak
of war between the
said country concerned and Germany.
If a contract provides for a fixed rate of exchange governing
the conversion of
the currency in which the debt is stated into the currency of
the Allied or
Associated country concerned, then the above provisions concerning
the rate of
exchange shall not apply.
In the case of new States the currency in which and the rate
of exchange at which
debts shall be paid or credited shall be determined by the Reparation
Commission
provided for in Part VIII (Reparation);
(e) The provisions of this Article and of the Annex hereto
shall not apply as
between Germany on the one hand and any one of the Allied and
Associated Powers,
their colonies or protectorates, or any one of the British Dominions
or India on
the other hand, unless within a period of one month from the deposit
of the
ratification of the present Treaty by the Power in question, or
of the
ratification on behalf of such Dominion or of India, notice to
that effect is
given to Germany by the Government of such Allied or Associated
Power or of such
Dominion or of India as the case may be;
(f) The Allied and Associated Powers who have adopted this
Article and the Annex
hereto may agree between themselves to apply them to their respective
nationals
established in their territory so far as regards matters between
their nationals
and German nationals. In this case the payments made by application
of this
provision will be subject to arrangements between the Allied and
Associated
Clearing Offices concerned.
ANNEX.
1.
Each of the High Contracting Parties will, within three months
from the
notification provided for in Article 296, paragraph (e) establish
a Clearing
Office for the collection and payment of enemy debts.
Local Clearing Offices may be established for any particular
portion of the
territories of the High Contracting Parties. Such local Clearing
Offices may
perform all the functions of a central Clearing Office in their
respective
districts, except that all transactions with the Clearing Office
in the Opposing
State must be effected through the central Clearing Office.
2.
In this Annex the pecuniary obligations referred to in the
first paragraph of
Article 296 are described "as enemy debts", the persons
from whom the same are
due as "enemy debtors", the persons to whom they are
due as "enemy creditors",
the Clearing Office in the country of the creditor is called the
"Creditor
Clearing Office", and the Clearing Office in the country
of the debtor is called
the "Debtor Clearing Office."
3.
The High Contracting Parties will subject contraventions of
paragraph (a) of
Article 296 to the same penalties as are at present provided by
their legislation
for trading with the enemy. They will similarly prohibit within
their territory
all legal process relating to payment of enemy debts, except in
accordance with
the provisions of this Annex.
4.
The Government guarantee specified in paragraph (b) of Article
296 shall take
effect whenever, for any reason, a debt shall not be recoverable,
except in a
case where at the date of the outbreak of war the debt was barred
by the laws of
prescription in force in the country of the debtor, or where the
debtor was at
that time in a state of bankruptcy or failure or had given formal
indication of
insolvency, or where the debt was due by a company whose business
has been
liquidated under emergency legislation during the war. In such
case the procedure
specified by this Annex shall apply to payment of the dividends.
The terms "bankruptcy" and "failure" refer
to the application of legislation
providing for such juridical conditions. The expression "formal
indication of
insolvency" bears the same meaning as it has in English law.
6.
When a debt has been admitted, in whole or in part, the Debtor
Clearing Office
will at once credit the Creditor Clearing Office with the amount
admitted, and at
the same time notify it of such credit.
7.
The debt shall be deemed to be admitted in full and shall be
credited forthwith
to the Creditor Clearing Office unless within three months from
the receipt of
the notification or such longer time as may be agreed to by the
Creditor Clearing
Office notice has been given by the Debtor Clearing Office that
it is not
admitted.
8.
When the whole or part of a debt is not admitted the two Clearing
Offices will
examine into the matter jointly and will endeavour to bring the
parties to an
agreement.
9.
The Creditor Clearing Office will pay to the individual creditor
the sums
credited to it out of the funds placed at its disposal by the
Government of its
country and in accordance with the conditions fixed by the said
Government,
retaining any sums considered necessary to cover risks, expenses
or commissions.
10.
Any person having claimed payment of an enemy debt which is
not admitted in whole
or in part shall pay to the clearing office, by way of fine, interest
at 5 per
cent. on the part not admitted. Any person having unduly refused
to admit the
whole or part of a debt claimed from him shall pay, by way of
fine, interest at 5
per cent. on the amount with regard to which his refusal shall
be disallowed.
Such interest shall run from the date of expiration of the
period provided for in
paragraph 7 until the date on which the claim shall have been
disallowed or the
debt paid.
Each Clearing Office shall in so far as it is concerned take
steps to collect the
fines above provided for, and will be responsible if such fines
cannot be
collected.
The fines will be credited to the other Clearing Office, which
shall retain them
as a contribution towards the cost of carrying out the present
provisions.
11.
The balance between the Clearing Offices shall be struck monthly
and the credit
balance paid in cash by the debtor State within a week.
Nevertheless, any credit balances which may be due by one or
more of the Allied
and Associated Powers shall be retained until complete payment
shall have been
effected of the sums due to the Allied or Associated Powers or
their nationals on
account of the war.
12.
To facilitate discussion between the Clearing Offices each
of them shall have a
representative at the place where the other is established.
13.
Except for special reasons all discussions in regard to claims
will, so far as
possible, take place at the Debtor Clearing Office.
14
In conformity with Article 296, paragraph (b), the High Contracting
Parties are
responsible for the payment of the enemy debts owing by their
nationals.
The Debtor Clearing Office will therefore credit the Creditor
Clearing Office
with all debts admitted, even in case of inability to collect
them from the
individual debtor. The Governments concerned will, nevertheless,
invest their
respective Clearing Offices with all necessary powers for the
recovery of debts
which have been admitted.
As an exception, the admitted debts owing by persons having
suffered injury from
acts of war shall only be credited to the Creditor Clearing Office
when the
compensation due to the person concerned in respect of such injury
shall have
been paid.
15.
Each Government will defray the expenses of the Clearing Office
set up in its
territory, including the salaries of the staff.
16.
Where the two Clearing Offices are unable to agree whether
a debt claimed is due,
or in case of a difference between an enemy debtor and an enemy
creditor or
between the Clearing Offices, the dispute shall either be referred
to arbitration
if the parties so agree under conditions fixed by agreement between
them, or
referred to the Mixed Arbitral Tribunal provided for in Section
VI hereafter.
At the request of the Creditor Clearing Office the dispute
may, however, be
submitted to the jurisdiction of the Courts of the place of domicile
of the
debtor.
17.
Recovery of sums found by the Mixed Arbitral Tribunal, the
Court, or the
Arbitration Tribunal to be due shall be effected through the Clearing
Offices as
if these sums were debts admitted by the Debtor Clearing Office.
18.
Each of the Governments concerned shall appoint an agent who
will be responsible
for the presentation to the Mixed Arbitral Tribunal of the cases
conducted on
behalf of its Clearing Office. This agent will exercise a general
control over
the representatives or counsel employed by its nationals.
Decisions will be arrived at on documentary evidence, but it
will be open to the
Tribunal to hear the parties in person, or according to their
preference by their
representatives approved by the two Governments, or by the agent
referred to
above, who shall be competent to intervene along with the party
or to reopen and
maintain a claim abandoned by the same.
19.
The Clearing Offices concerned will lay before the Mixed Arbitral
Tribunal all
the information and documents in their possession, so as to enable
the Tribunal
to decide rapidly on the cases which are brought before it.
20.
Where one of the parties concerned appeals against the joint
decision of the two
Clearing Offices he shall make a deposit against the costs, which
deposit shall
only be refunded when the first judgment is modified in favour
of the appellant
and in proportion to the success he may attain, his opponent in
case of such a
refund being required to pay an equivalent proportion of the costs
and expenses.
Security accepted by the Tribunal may be substituted for a deposit.
A fee of 5 per cent. of the amount in dispute shall be charged
in respect of all
cases brought before the Tribunal. This fee shall, unless the
Tribunal directs
otherwise, be borne by the unsuccessful party. Such fee shall
be added to the
deposit referred to. It is also independent of the security.
The Tribunal may award to one of the parties a sum in respect
of the expenses of
the proceedings.
Any sum payable under this paragraph shall be credited to the
Clearing Office of
the successful party as a separate item.
21.
With a view to the rapid settlement of claims, due regard shall
be paid in the
appointment of all persons connected with the Clearing Offices
or with the Mixed
Arbitral Tribunal to their knowledge of the language of the other
country
concerned.
Each of the Clearing Offices will be at liberty to correspond
with the other and
to forward documents in its own language.
22.
Subject to any special agreement to the contrary between the
Governments
concerned, debts shall carry interest in accordance with the following
provisions:
Interest shall not be payable on sums of money due by way of
dividend, interest
or other periodical payments which themselves represent interest
on capital.
The rate of interest shall be 5 per cent. per annum except
in cases where, by
contract, law or custom, the creditor is entitled to payment of
interest at a
different rate. In such cases the rate to which he is entitled
shall prevail.
Interest shall run from the date of commencement of hostilities
(or, if the sum
of money to be recovered fell due during the war, from the date
at which it fell
due) until the sum is credited to the Clearing Office of the creditor.
Sums due by way of interest shall be treated as debts admitted
by the Clearing
Offices and shall be credited to the Creditor Clearing Office
in the same way as
such debts.
23.
Where by decision of the Clearing Offices or the Mixed Arbitral
Tribunal a claim
is held not to fall within Article 296, the creditor shall be
at liberty to
prosecute the claim before the Courts or to take such other proceedings
as may be
open to him.
The presentation of a claim to the Clearing Office suspends
the operation of any
period of prescription.
24.
The High Contracting Parties agree to regard the decisions
of the Mixed Arbitral
Tribunal as final and conclusive, and to render them binding upon
their
nationals.
25.
In any case where a Creditor Clearing Office declines to notify
a claim to the
Debtor Clearing Office, or to take any step provided for in this
Annex, intended
to make effective in whole or in part a request of which it has
received due
notice, the enemy creditor shall be entitled to receive from the
Clearing Office
a certificate setting out the amount of the claim, and shall then
be entitled to
prosecute the claim before the courts or to take such other proceedings
as may be
open to him.
SECTION IV.
PROPERTY, RIGHTS AND INTERESTS.
ARTICLE 297.
The question of private property, rights and interests in an
enemy country shall
be settled according to the principles laid down in this Section
and to the
provisions of the Annex hereto.
(a) The exceptional war measures and measures of transfer (defined
in paragraph 3
of the Annex hereto) taken by Germany with respect to the property,
rights and
interests of nationals of Allied or Associated Powers, including
companies and
associations in which they are interested, when liquidation has
not been
completed, shall be immediately discontinued or stayed and the
property, rights
and interests concerned restored to their owners, who shall enjoy
full rights
therein in accordance with the provisions of Article 298.
(b) Subject to any contrary stipulations which may be provided
for in the present
Treaty, the Allied and Associated Powers reserve the right to
retain and
liquidate all property, rights and interests belonging at the
date of the coming
into force of the present Treaty to German nationals, or companies
controlled by
them, within their territories, colonies, possessions and protectorates
including
territories ceded to them by the present Treaty.
The liquidation shall be carried out in accordance with the
laws of the Allied or
Associated State concerned, and the German manowners shall not
be able to dispose
of such property, rights or interests nor to subject them to any
charge without
the consent of that State.
German nationals who acquire ipso facto the nationality of
an Allied or
Associated Power in accordance with the provisions of the present
Treaty will not
be considered as German nationals within the meaning of this paragraph.
(c) The price or the amount of compensation in respect of the
exercise of the
right referred to in the preceding paragraph (b) will be fixed
in accordance with
the methods of sale or valuation adopted by the laws of the country
in which the
property has been retained or liquidated.
(d) As between the Allied and Associated Powers or their nationals
on the one
hand and Germany or her nationals on the other hand, all the exceptional
war
measures, or measures of transfer, or acts done or to be done
in execution of
such measures as defined in paragraphs 1 and 3 of the Annex hereto
shall be
considered as final and binding upon all persons except as regards
the
reservations laid down in the present Treaty.
(e) The nationals of Allied and Associated Powers shall be
entitled to
compensation in respect of damage or injury inflicted upon their
property, rights
or interests, including any company or association in which they
are interested,
in German territory as it existed on August 1, 1914, by the application
either of
the exceptional war measures or measures of transfer mentioned
in paragraphs 1
and 3 of the Annex hereto. The claims made in this respect by
such nationals
shall be investigated, and the total of the compensation shall
be determined by
the Mixed Arbitral Tribunal provided for in Section VI or by an
Arbitrator
appointed by that Tribunal. This compensation shall be borne by
Germany, and may
be charged upon the property of German nationals within the territory
or under
the control of the claimant's State. This property may be constituted
as a pledge
for enemy liabilities under the conditions fixed by paragraph
4 of the Annex
hereto. The payment of this compensation may be made by the Allied
or Associated
State, and the amount will be debited to Germany.
(f) Whenever a national of an Allied or Associated Power is
entitled to property
which has been subjected to a measure of transfer in German territory
and
expresses a desire for its restitution, his claim for compensation
in accordance
with paragraph (6) shall be satisfied by the restitution of the
said property if
it still exists in specie.
In such case Germany shall take all necessary steps to restore
the evicted owner
to the possession of his property, free from all encumbrances
or burdens with
which it may have been charged after the liquidation, and to indemnify
all third
parties injured by the restitution.
If the restitution provided for in this paragraph cannot be
effected, private
agreements arranged by the intermediation of the Powers concerned
or the Clearing
Offices provided for in the Annex to Section III may be made,
in order to secure
that the national of the Allied or Associated Power may secure
compensation for
the injury referred to in paragraph (e) by the grant of advantages
or equivalents
which he agrees to accept in place of the property, rights or
interests of which
he was deprived.
Through restitution in accordance with this Article, the price
or the amount of
compensation fixed by the application of paragraph (e) will be
reduced by the
actual value of the property restored, account being taken of
compensation in
respect of loss of use or deterioration.
(g) The rights conferred by paragraph (f) are reserved to owners
who are
nationals of Allied or Associated Powers within whose territory
legislative
measures prescribing the general liquidation of enemy property,
rights or
interests were not applied before the signature of the Armistice.
(h) Except in cases where, by application of paragraph (f),
restitutions in
specie have been made, the net proceeds of sales of enemy property,
rights or
interests wherever situated carried out either by virtue of war
legislation, or
by application of this Article, and in general all cash assets
of enemies, shall
be dealt with as follows:
(1) As regards Powers adopting Section III and the Annex thereto,
the said
proceeds and cash assets shall be credited to the Power of which
the owner is a
national, through the Clearing Office established thereunder;
any credit balance
in favour of Germany resulting therefrom shall be dealt with as
provided in
Article 243.
(2) As regards Powers not adopting Section III and the Annex
thereto, the
proceeds of the property, rights and interests, and the cash assets,
of the
nationals of Allied or Associated Powers held by Germany shall
be paid
immediately to the person entitled thereto or to his Government;
the proceeds of
the property, rights and interests, and the cash assets, of German
nationals
received by an Allied or Associated Power shall be subject to
disposal by such
Power in accordance with its laws and regulations and may be applied
in payment
of the claims and debts defined by this Article or paragraph 4
of the Annex
hereto. Any property, rights and interests or proceeds thereof
or cash assets not
used as above provided may be retained by the said Allied or Associated
Power and
if retained the cash value thereof shall be dealt with as provided
in Article
243.
In the case of liquidations effected in new States, which are
signatories of the
present Treaty as Allied and Associated Powers, or in States which
are not
entitled to share in the reparation payments to be made by Germany,
the proceeds
of liquidations effected by such States shall, subject to the
rights of the
Reparation Commission under the present Treaty, particularly under
Articles 235
and 260, be paid direct to the owner. If on the application of
that owner, the
Mixed Arbitral Tribunal, provided for by Section VI of this Part,
or an
arbitrator appointed by that Tribunal is satisfied that the conditions
of the
sale or measures taken by the Government of the State in question
outside its
general legislation were unfairly prejudicial to the price obtained,
they shall
have discretion to award to the owner equitable compensation to
be paid by that
State.
(i) Germany undertakes to compensate her nationals in respect
of the sale or
retention of their property, rights or interests in Allied or
Associated States.
(j) The amount of all taxes and imposts upon capital levied
or to be levied by
Germany on the property, rights and interests of the nationals
of the Allied or
Associated Powers from November 11, 1918, until three months from
the coming into
force of the present Treaty, or, in the case of property, rights
or interests
which have been subjected to exceptional measures of war, until
restitution in
accordance with the present Treaty, shall be restored to the owners.
ARTICLE 298.
Germany undertakes, with regard to the property, rights and
interests, including
companies and associations in which they were interested, restored
to nationals
of Allied and Associated Powers in accordance with the provisions
of Article 297,
paragraph (a) or (f):
(a) to restore and maintain, except as expressly provided in
the present Treaty,
the property, rights and interests of the nationals of Allied
or Associated
Powers in the legal position obtaining in respect of the property,
rights and
interests of German nationals under the laws in force before the
war;
(b) not to subject the property, rights or interests of the
nationals of the
Allied or Associated Powers to any measures in derogation of property
rights
which are not applied equally to the property, rights and interests
of German
nationals, and to pay adequate compensation in the event of the
application of
these measures.
ANNEX.
1.
In accordance with the provisions of Article 297 paragraph
(d), the validity of
vesting orders and of orders for the winding up of businesses
or companies, and
of any other orders, directions, decisions or instructions of
any court or any
department of the Government of any of the High Contracting Parties
made or
given, or purporting to be made or given, in pursuance of war
legislation with
regard to enemy property, rights and interests is confirmed. The
interests of all
persons shall be regarded as having been effectively dealt with
by any order,
direction, decision or instruction dealing with property in which
they may be
interested, whether or not such interests are specifically mentioned
in the
order, direction, decision, or instruction. No question shall
be raised as to the
regularity of a transfer of any property, rights or interests
dealt with in
pursuance of any such order, direction, decision or instruction.
Every action
taken with regard to any property, business, or company, whether
as regards its
investigation, sequestration, compulsory administration, use,
requisition,
supervision, or winding up, the sale or management of property,
rights or
interests, the collection or discharge of debts, the payment of
costs, charges or
expenses, or any other matter whatsoever, in pursuance of orders,
directions,
decisions, or instructions of any court or of any department of
the Government of
any of the High Contracting Parties, made or given, or purporting
to be made or
given, in pursuance of war legislation with regard to enemy property,
rights or
interests, is confirmed. Provided that the provisions of this
paragraph shall not
be held to prejudice the titles to property heretofore acquired
in good faith and
for value and in accordance with the laws of the country in which
the property is
situated by nationals of the Allied and Associated Powers.
The provisions of this paragraph do not apply to such of the
above-mentioned
measures as have been taken by the German authorities in invaded
or occupied
territory, nor to such of the above mentioned measures as have
been taken by
Germany or the German authorities since November 11, 1918, all
of which shall be
void.
2.
No claim or action shall be made or brought against any Allied
or Associated
Power or against any person acting on behalf of or under the direction
of any
legal authority or Department of the Government of such a Power
by Germany or by
any German national wherever resident in respect of any act or
omission with
regard to his property, rights or interests during the war or
in preparation for
the war. Similarly no claim or action shall be made or brought
against any person
in respect of any act or omission under or in accordance with
the exceptional war
measures, laws or regulations of any Allied or Associated Power.
3.
In Article 297 and this Annex the expression "exceptional
war measures" includes
measures of all kinds, legislative administrative, judicial or
others, that have
been taken or will be taken hereafter with regard to enemy property,
and which
have had or will have the effect of removing from the proprietors
the power of
disposition over their property, though without affecting the
ownership, such as
measures of supervision, of compulsory administration, and of
sequestration; or
measures which have had or will have as an object the seizure
of, the use of, or
the interference with enemy assets, for whatsoever motive, under
whatsoever form
or in whatsoever place. Acts in the-execution of these measures
include all
detentions, instructions, orders or decrees of Government departments
or courts
applying these measures to enemy property, as well as acts performed
by any
person connected with the administration or the supervision of
enemy property,
such as the payment of debts, the collecting of credits, the payment
of any
costs, charges or expenses, or the collecting of fees.
Measures of transfer are those which have affected or will
affect the ownership
of enemy property by transferring it in whole or in part to a
person other than
the enemy owner, and without his consent, such as measures directing
the sale,
liquidation, or devolution of ownership in enemy property, or
the cancelling of
titles or securities.
4.
All property, rights and interests of German nationals within
the territory of
any Allied or Associated Power and the net proceeds of their sale,
liquidation or
other dealing therewith may be charged by that Allied or Associated
Power in the
first place with payment of amounts due in respect of claims by
the nationals of
that Allied or Associated Power with regard to their property,
rights and
interests, including companies and associations in which they
are interested, in
German territory, or debts owing to them by German nationals,
and with payment of
claims growing out of acts committed by the German Government
or by any German
authorities since July 31, 1914, and before that Allied or Associated
Power
entered into the war. The amount of such claims may be assessed
by an arbitrator
appointed by Mr. Gustave Ador, if he is willing, or if no such
appointment is
made by him, by an arbitrator appointed by the Mixed Arbitral
Tribunal provided
for in Section VI. They may be charged in the second place with
payment of the
amounts due in respect of claims by the nationals of such Allied
or Associated
Power with regard to their property, rights and interests in the
territory of
other enemy Powers, in so far as those claims are otherwise unsatisfied.
5.
Notwithstanding the provisions of Article 297, where immediately
before the
outbreak of war a company incorporated in an Allied or Associated
State had
rights in common with a company controlled by it and incorporated
in Germany to
the use of trademarks in third countries, or enjoyed the use in
common with such
company of unique means of reproduction of goods or articles for
sale in third
countries, the former company shall alone have the right to use
these trade-marks
in third countries to the exclusion of the German company, and
these unique means
of reproduction shall be handed over to the former company, notwithstanding
any
action taken under German war legislation with regard to the latter
company or
its business, industrial property or shares. Nevertheless, the
former company, if
requested, shall deliver the latter company derivative copies
permitting the
continuation of reproduction of articles for use within German
territory.
6.
Up to the time when restitution is carried out in accordance
with Article 297,
Germany is responsible for the conservation of property, rights
and interests of
the nationals of Allied or Associated Powers, including companies
and
associations in which they are interested, that have been subjected
by her to
exceptional war measures.
7
Within one year from the coming into force of the present Treaty
the Allied or
Associated Powers will specify the property, rights and interests
over which they
intend to exercise the right provided in Article 297, paragraph
(f).
8.
The restitution provided in Article 297 will be carried out
by order of the
German Government or of the authorities which have been substituted
for it.
Detailed accounts of the action of administrators shall be furnished
to the
interested persons by the German authorities upon request, which
may be made at
any time after the coming into force of the present Treaty.
9.
Until completion of the liquidation provided for by Article
297, paragraph (b),
the property, rights and interests of German nationals will continue
to be
subject to exceptional war measures that have been or will be
taken with regard
to them.
10.
Germany will, within six months from the coming into force
of the present Treaty,
deliver to each Allied or Associated Power all securities, certificates,
deeds,
or other documents of title held by its nationals and relating
to property,
rights or interests situated in the territory of that Allied or
Associated Power,
including any shares, stock, debentures, debenture stock, or other
obligations of
any company incorporated in accordance with the laws of that Power.
Germany will at any time on demand of any Allied or Associated
Power furnish such
information as may be required with regard to the property, rights
and interests
of German nationals within the territory of such Allied or Associated
Power, or
with regard to any transactions concerning such property, rights
or interests
effected since July 1, 1914.
11.
The expression "cash assets" includes all deposits
or funds established before or
after the declaration of war, as well as all assets coming from
deposits,
revenues, or profits collected by administrators, sequestrators,
or others from
funds placed on deposit or otherwise, but does not include sums
belonging to the
Allied or Associated Powers or to their component States, Provinces,
or
Municipalities.
12.
All investments wheresoever effected with the cash assets of
nationals of the
High Contracting Parties, including companies and associations
in which such
nationals were interested, by persons responsible for the administration
of enemy
properties or having control over such administration, or by order
of such
persons or of any authority whatsoever shall be annulled. These
cash assets shall
be accounted for irrespective of any such investment.
13.
Within one month from the coming into force of the present
Treaty, or on demand
at any time, Germany will deliver to the Allied and Associated
Powers all
accounts, vouchers, records, documents and information of any
kind which may be
within German territory, and which concern the property, rights
and interests of
the nationals of those Powers, including companies and associations
in which they
are interested, that have been subjected to an exceptional war
measure, or to a
measure of transfer either in German territory or in territory
occupied by
Germany or her allies.
The controllers, supervisors, managers, administrators, sequestrators,
liquidators and receivers shall be personally responsible under
guarantee of the
German Government for the immediate delivery in full of these
accounts and
documents, and for their accuracy.
14.
The provisions of Article 297 and this Annex relating to property,
rights and
interests in an enemy country, and the proceeds of the liquidation
thereof, apply
to debts, credits and accounts, Section III regulating only the
method of
payment.
In the settlement of matters provided for in Article 297 between
Germany and the
Allied or Associated States, their colonies or protectorates,
or any one of the
British Dominions or India, in respect of any of which a declaration
shall not
have been made that they adopt Section III, and between their
respective
nationals, the provisions of Section III respecting the currency
in which payment
is to be made and the rate of exchange and of interest shall apply
unless the
Government of the Allied or Associated Power concerned shall within
six months of
the coming into force of the present Treaty notify Germany that
the said
provisions are not to be applied.
15.
The provisions of Article 297 and this Annex apply to industrial,
literary and
artistic property which has been or will be dealt with in the
liquidation of
property, rights, interests, companies or businesses under war
legislation by the
Allied or Associated Powers, or in accordance with the stipulations
of Article
297, paragraph (b).
SECTION V.
CONTRACTS, PRESCRIPTIONS, JUDGMENTS.
ARTICLE 299.
(a) Any contract concluded between enemies shall be regarded
as having been
dissolved as from the time when any two of the parties became
enemies, except in
respect of any debt or other pecuniary obligation arising out
of any act done or
money paid thereunder, and subject to the exceptions and special
rules with
regard to particular contracts or classes of contracts contained
herein or in the
Annex hereto.
(b) Any contract of which the execution shall be required in
the general
interest, within six months from the date of the coming into force
of the present
Treaty, by the Allied or Associated Governments of which one of
the parties is a
national, shall be excepted from dissolution under this Article.
When the execution of the contract thus kept alive would owing
to the alteration
of trade conditions, cause one of the parties substantial prejudice
the Mixed
Arbitral Tribunal provided for by Section VI shall be empowered
to grant to the
prejudiced party equitable compensation.
(c) Having regard to the provisions of the constitution and
law of the United
States of America, of Brazil, and of Japan, neither the present
Article, nor
Article 300, nor the Annex hereto shall apply to contracts made
between nationals
of these States and German nationals; nor shall Article 305 apply
to the United
States of America or its nationals.
(d) The present Article and the annex hereto shall not apply
to contracts the
parties to which became enemies by reason of one of them being
an inhabitant of
territory of which the sovereignty has been transferred, if such
party shall
acquire under the present Treaty the nationality of an Allied
or Associated
Power, nor shall they apply to contracts between nationals of
the Allied and
Associated Powers between whom trading has been prohibited by
reason of one of
the parties being in Allied or Associated territory in the occupation
of the
enemy.
(e) Nothing in the present Article or the annex hereto shall
be deemed to
invalidate a transaction lawfully carried out in accordance with
a contract
between enemies if it has been carried out with the authority
of one of the
belligerent Powers.
ARTICLE 300.
(a) All periods of prescription, or limitation of right of
action, whether they
began to run before or after the outbreak of war, shall be treated
in the
territory of the High Contracting Parties, so far as regards relations
between
enemies, as having been suspended for the duration of the war.
They shall begin
to run again at earliest three months after the coming into force
of the present
Treaty. This provision shall apply to the period prescribed for
the presentation
of interest or dividend coupons or for the presentation for repayment
of
securities drawn for repayment or repayable on any other ground.
(b) Where, on account of failure to perform any act or comply
with any formality
during the war, measures of execution have been taken in German
territory to the
prejudice of a national of an Allied or Associated Power, the
claim of such
national shall, if the matter does not fall within the competence
of the Courts
of an Allied or Associated Power, be heard by the Mixed Arbitral
Tribunal
provided for by Section VI.
(c) Upon the application of any interested person who is a
national of an Allied
or Associated Power the Mixed Arbitral Tribunal shall order the
restoration of
the rights which have been prejudiced by the measures of execution
referred to in
paragraph (b), wherever, having regard to the particular circumstances
of the
case, such restoration is equitable and possible.
If such restoration is inequitable or impossible the Mixed
Arbitral Tribunal may
grant compensation to the prejudiced party to be paid by the German
Government.
(d) Where a contract between enemies has been dissolved by
reason either of
failure on the part of either party to carry out its provisions
or of the
exercise of a right stipulated in the contract itself the party
prejudiced may
apply to the Mixed Arbitral Tribunal for relief. The Tribunal
will have the
powers provided for in paragraph (c.)
(e) The provisions of the preceding paragraphs of this Article
shall apply to the
nationals of Allied and Associated Powers who have been prejudiced
by reason of
measures referred to above taken by Germany in invaded or occupied
territory, if
they have not been otherwise compensated.
(f) Germany shall compensate any third party who may be prejudiced
by any
restitution or restoration ordered by the Mixed Arbitral Tribunal
under the
provisions of the preceding paragraphs of this Article.
(g) As regards negotiable instruments, the period of three
months provided under
paragraph (a) shall commence as from the date on which any exceptional
regulations applied in the territories of the interested Power
with regard to
negotiable instruments shall have definitely ceased to have force.
ARTICLE 301.
As between enemies no negotiable instrument made before the
war shall be deemed
to have become invalid by reason only of failure within the required
time to
present the instrument for acceptance or payment or to give notice
of
non-acceptance or nonpayment to drawers or indorsers or to protest
the
instrument, nor by reason of failure to complete any formality
during the war.
Where the period within which a negotiable instrument should
have been presented
for acceptance or for payment, or within which notice of non-acceptance
or
non-payment should have been given to the drawer or indorser,
or within which the
instrument should have been protested, has elapsed during the
war, and the party
who should have presented or protested the instrument or have
given notice of
non-acceptance or non-payment has failed to do so during the war,
a period of not
less than three months from the coming into force of the present
Treaty shall be
allowed within which presentation, notice of non-acceptance or
nonpayment or
protest may be made.
ARTICLE 302.
Judgments given by the Courts of an Allied or Associated Power
in all cases
which, under the present Treaty, they are competent to decide,
shall be
recognised in Germany as final, and shall be enforced without
it being necessary
to have them declared executory.
If a judgment in respect to any dispute which may have arisen
has been given
during the war by a German Court against a national of an Allied
or Associated
State in a case in which he was not able to make his defence,
the Allied and
Associated national who has suffered prejudice thereby shall be
entitled to
recover compensation, to be fixed by the Mixed Arbitral Tribunal
provided for in
Section VI.
At the instance of the national of the Allied or Associated
Power the
compensation above-mentioned may, upon order to that effect of
the Mixed Arbitral
Tribunal, be effected where it is possible by replacing the parties
in the
situation which they occupied before the judgment was given by
the German Court.
The above compensation may likewise be obtained before the
Mixed Arbitral
Tribunal by the nationals of Allied or Associated Powers who have
suffered
prejudice by judicial measures taken in invaded or occupied territories,
if they
have not been otherwise compensated.
ARTICLE 303.
For the purpose of Sections III, IV, V and VII, the expression
"during the war"
means for each Allied or Associated Power the period between the
commencement of
the state of war between that Power and Germany and the coming
into force of the
present Treaty.
ANNEX.
I. General Provisions.
1.
Within the meaning of Articles 299, 300 and 301, the parties
to a contract shall
be regarded as enemies when trading between them shall have been
prohibited by or
otherwise became unlawful under laws, orders or regulations to
which one of those
parties was subject. They shall be deemed to have become enemies
from the date
when such trading was prohibited or otherwise became unlawful.
2.
The following classes of contracts are excepted from dissolution
by Article 299
and, without prejudice to the rights contained in Article 297
(b) of Section IV,
remain in force subject to the application of domestic laws, orders
or
regulations made during the war by the Allied and Associated Powers
and subject
to the terms of the contracts:
(a) Contracts having for their object the transfer of estates
or of real or
personal property where the property therein had passed or the
object had been
delivered before the parties became enemies;
(b) Leases and agreements for leases of land and houses
(c) Contracts of mortgage, pledge or lien;
(d) Concessions concerning mines, quarries or deposits;
(e) Contracts between individuals or companies and States provinces,
municipalities, or other similar juridical persons charged with
administrative
functions, and concessions granted by States, provinces, municipalities,
or other
similar juridical persons charged with administrative functions.
3.
If the provisions of a contract are in part dissolved under
Article 299, the
remaining provisions of that contract shall, subject to the same
application of
domestic laws as is provided for in paragraph 2, continue in force
if they are
severable, but where they are not severable the contract shall
be deemed to have
been dissolved in its entirety.
II. Provisions relating to certain classes of Contracts.
Stock Exchange and Commercial Exchange Contracts.
4.
(a) Rules made during the war by any recognised Exchange or
Commercial
Association providing for the closure of contracts entered into
before the war by
an enemy are confirmed by the High Contracting Parties, as also
any action taken
thereunder, provided:
(1) That the contract was expressed to be made subject to the
rules of the
Exchange or Association in question;
(2) That the rules applied to all persons concerned;
(3) That the conditions attaching to the closure were fair
and reasonable.
(b) The preceding paragraph shall not apply to rules made during
the occupation
by Exchanges or Commercial Associations in the districts occupied
by the enemy.
(c) The closure of contracts relating to cotton "futures",
which were closed as
on July 31, 1914, under the decision of the Liverpool Cotton Association,
is also
confirmed.
Security.
5.
The sale of a security held for an unpaid debt owing by an
enemy shall be deemed
to have been valid irrespective of notice to the owner if the
creditor acted in
good faith and with reasonable care and prudence, and no claim
by the debtor on
the ground of such sale shall be admitted.
This stipulation shall not apply to any sale of securities
effected by an enemy
during the occupation in regions invaded or occupied by the enemy.
Negotiable Instruments.
6.
As regards Powers which adopt Section III and the Annex thereto
the pecuniary
obligations existing between enemies and resulting from the issue
of negotiable
instruments shall be adjusted in conformity with the said Annex
by the
instrumentality of the Clearing Offices, which shall assume the
rights of the
holder as regards the various remedies open to him.
7.
If a person has either before or during the war become liable
upon a negotiable
instrument in accordance with an undertaking given to him by a
person who has
subsequently become an enemy, the latter shall remain liable to
indemnify the
former in respect of his liability notwithstanding the outbreak
of war.
III. Contracts of Insurance.
8.
Contracts of insurance entered into by any person with another
person who
subsequently became an enemy will be dealt with in accordance
with the following
paragraphs.
Fire Insurance.
9.
Contracts for the insurance of property against fire entered
into by a person
interested in such property with another person who subsequently
became an enemy
shall not be deemed to have been dissolved by the outbreak of
war, or by the fact
of the person becoming an enemy, or on account of the failure
during the war and
for a period of three months thereafter to perform his obligations
under the
contract, but they shall be dissolved at the date when the annual
premium becomes
payable for the first time after the expiration of a period of
three months after
the coming into force of the present Treaty.
A settlement shall be effected of unpaid premiums which became
due during the
war, or of claims for losses which occurred during the war.
10.
Where by administrative or legislative action an insurance
against fire effected
before the war has been transferred during the war from the original
to another
insurer, the transfer will be recognised and the liability of
the original
insurer will be deemed to have ceased as from the date of the
transfer. The
original insurer will, however, be entitled to receive on demand
full information
as to the terms of the transfer, and if it should appear that
these terms were
not equitable they shall be amended so far as may be necessary
to render them
equitable.
Furthermore, the insured shall, subject to the concurrence
of the original
insurer, be entitled to retransfer the contract to the original
insurer as from
the date of the demand.
Life Insurance.
Contracts of life insurance entered into between an insurer
and a person who
subsequently became an enemy shall not be deemed to have been
dissolved by the
outbreak of war, or by the fact of the person becoming an enemy.
Any sum which during the war became due upon a contract deemed
not to have been
dissolved under the preceding provision shall be recoverable after
the war with
the addition of interest at five per cent. per annum from the
date of its
becoming due up to the day of payment.
Where the contract has lapsed during the war owing to nonpayment
of premiums, or
has become void from breach of the conditions of the contract,
the assured or his
representatives or the person entitled shall have the right at
any time within
twelve months of the coming into force of the present Treaty to
claim from the
insurer the surrender value of the policy at the date of its lapse
or avoidance.
Where the contract has lapsed during the war owing to nonpayment
of premiums the
payment of which has been prevented by the enforcement of measures
of war, the
assured or his representative or the persons entitled shall have
the right to
restore the contract on payment of the premiums with interest
at five per cent.
per annum within three months from the coming into force of the
present Treaty.
12.
Any Allied or Associated Power may within three months of the
coming into force
of the present Treaty cancel all the contracts of insurance running
between a
German insurance company and its nationals under conditions which
shall protect
its nationals from any prejudice.
To this end the German insurance company will hand over to
the Allied or
Associated Government concerned the proportion of its assets attributable
to the
policies so cancelled and will be relieved from all liability
in respect of such
policies. The assets to be handed over shall be determined by
an actuary
appointed by the Mixed Arbitral Tribunal.
13.
Where contracts of life insurance have been entered into by
a local branch of an
insurance company established in a country which subsequently
became an enemy
country, the contract shall, in the absence of any stipulation
to the contrary in
the contract itself, be governed by the local law, but the insurer
shall be
entitled to demand from the insured or his representatives the
refund of sums
paid on claims made or enforced under measures taken during the
war, if the
making or enforcement of such claims was not in accordance with
the terms of the
contract itself or was not consistent with the laws or treaties
existing at the
time when it was entered into.
14.
In any case where by the law applicable to the contract the
insurer remains bound
by the contract notwithstanding the nonpayment of premiums until
notice is given
to the insured of the termination of the contract, he shall be
entitled where the
giving of such notice was prevented by the war to recover the
unpaid premiums
with interest at five per cent. per annum from the insured.
15.
Insurance contracts shall be considered as contracts of life
assurance for the
purpose of paragraphs 11 to 14 when they depend on the probabilities
of human
life combined with the rate of interest for the calculation of
the reciprocal
engagements between the two parties.
Marine Insurance.
16.
Contracts of marine insurance including time policies and voyage
policies entered
into between an insurer and a person who subsequently became an
enemy, shall be
deemed to have been dissolved on his becoming an enemy, except
in cases where the
risk undertaken in the contract had attached before he became
an enemy.
Where the risk had not attached, money paid by way of premium
or otherwise shall
be recoverable from the insurer.
Where the risk had attached effect shall be given to the contract
notwithstanding
the party becoming an enemy, and sums due under the contract either
by way of
premiums or in respect of losses shall be recoverable after the
coming into force
of the present Treaty.
In the event of any agreement being come to for the payment
of interest on sums
due before the war to or by the nationals of States which have
been at war and
recovered after the war, such interest shall in the case of losses
recoverable
under contracts of marine insurance run from the expiration of
a period of one
year from the date of the loss.
17.
No contract of marine insurance with an insured person who
subsequently became an
enemy shall be deemed to cover losses due to belligerent action
by the Power of
which the insurer was a national or by the allies or associates
of such Power.
18.
Where it is shown that a person who had before the war entered
into a contract of
marine insurance with an insurer who subsequently became an enemy
entered after
the outbreak of war into a new contract covering the same risk
with an insurer
who was not an enemy, the new contract shall be deemed to be substituted
for the
original contract as from the date when it was entered into, and
the premiums
payable shall be adjusted on the basis of the original insurer
having remained
liable on the contract only up till the time when the new contract
was entered
into.
Other Insurances.
19.
Contracts of insurance entered into before the war between
an insurer and a
person who subsequently became an enemy, other than contracts
dealt with in
paragraphs g to 18, shall be treated in all respects on the same
footing as
contracts of fire insurance between the same persons would be
dealt with under
the said paragraphs.
Re-insurance.
20.
All treaties of re-insurance with a person who became an enemy
shall be regarded
as having been abrogated by the person becoming an enemy, but
without prejudice
in the case of life or marine risks which had attached before
the war to the
right to recover payment after the war for sums due in respect
of such risks.
Nevertheless if, owing to invasion, it has been impossible
for the re-insured to
find another re-insurer, the treaty shall remain in force until
three months
after the coming into force of the present Treaty.
Where a re-insurance treaty becomes void under this paragraph,
there shall be an
adjustment of accounts between the parties in respect both of
premiums paid and
payable and of liabilities for losses in respect of life or marine
risks which
had attached before the war. In the case of risks other than those
mentioned in
paragraphs 11 to 18 the adjustment of accounts shall be made as
at the date of
the parties becoming enemies without regard to claims for losses
which may have
occurred since that date.
21.
The provisions of the preceding paragraph will extend equally
to re-insurances
existing at the date of the parties becoming enemies of particular
risks
undertaken by the insurer in a contract of insurance against any
risks other than
life or marine risks.
22.
Re-insurance of life risks effected by particular contracts
and not under any
general treaty remain in force.
The provisions of paragraph 12 apply to treaties of re-insurance
of life
insurance contracts in which enemy companies are the reinsurers.
23.
In case of a re-insurance effected before the war of a contract
of marine
insurance, the cession of a risk which had been ceded to the re-insurer
shall, if
it had attached before the outbreak of war, remain valid and effect
be given to
the contract notwithstanding the outbreak of war; sums due under
the contract of
re-insurance in respect either of premiums or of losses shall
be recoverable
after the war.
24.
The provisions of paragraphs 17 and 18 and the last part of
paragraph 16 shall
apply to contracts for the re-insurance of marine risks.
SECTION VI.
MIXED ARBITRAL TRIBUNAL.
ARTICLE 304.
(a) Within three months from the date of the coming into force
of the present
Treaty, a Mixed Arbitral Tribunal shall be established between
each of the Allied
and Associated Powers on the one hand and Germany on the other
hand. Each such
Tribunal shall consist of three members. Each of the Governments
concerned shall
appoint one of these members. The President shall be chosen by
agreement between
the two Governments concerned.
In case of failure to reach agreement, the President of the
Tribunal and two
other persons, either of whom may in case of need take his place,
shall be chosen
by the Council of the League of Nations, or, until this is set
up, by M. Gustave
Ador if he is willing. These persons shall be nationals of Powers
that have
remained neutral during the war.
If any Government does not proceed within a period of one month
in case there is
a vacancy to appoint a member of the Tribunal, such member shall
be chosen by the
other Government from the two persons mentioned above other than
the President.
The decision of the majority of the members of the Tribunal
shall be the decision
of the Tribunal.
(b) The Mixed Arbitral Tribunals established pursuant to paragraph
(a), shall
decide all questions within their competence under Sections III,
IV, V and VII.
In addition, all questions, whatsoever their nature, relating
to contracts
concluded before the coming into force of the present Treaty between
nationals of
the Allied and Associated Powers and German nationals shall be
decided by the
Mixed Arbitral Tribunal, always excepting questions which, under
the laws of the
Allied, Associated or Neutral Powers, are within the jurisdiction
of the National
Courts of those Powers. Such questions shall be decided by the
National Courts in
question, to the exclusion of the Mixed Arbitral Tribunal. The
party who is a
national of an Allied or Associated Power may nevertheless bring
the case before
the Mixed Arbitral Tribunal if this is not prohibited by the laws
of his country.
(c) If the number of cases justifies it, additional members
shall be appointed
and each Mixed Arbitral Tribunal shall sit in divisions. Each
of these divisions
will be constituted as above.
(d) Each Mixed Arbitral Tribunal will settle its own procedure
except in so far
as it is provided in the following Annex, and is empowered to
award the sums to
be paid by the loser in respect of the costs and expenses of the
proceedings.
(e) Each Government will pay the remuneration of the member
of the Mixed Arbitral
Tribunal appointed by it and of any agent whom it may appoint
to represent it
before the Tribunal. The remuneration of the President will be
determined by
special agreement between the Governments concerned; and this
remuneration and
the joint expenses of each Tribunal will be paid by the two Governments
in equal
moieties.
(f) The High Contracting Parties agree that their courts and
authorities shall
render to the Mixed Arbitral Tribunals direct all the assistance
in their power,
particularly as regards transmitting notices and collecting evidence.
(g) The High Contracting Parties agree to regard the decisions
of the Mixed
Arbitral Tribunal as final and conclusive, and to render them
binding upon their
nationals.
ANNEX.
1.
Should one of the members of the Tribunal either die, retire,
or be unable for
any reason whatever to discharge his function, the same procedure
will be
followed for filling the vacancy as was followed for appointing
him.
2.
The Tribunal may adopt such rules of procedure as shall be
in accordance with
justice and equity and decide the order and time at which each
party must
conclude its arguments, and may arrange all formalities required
for dealing with
the evidence.
3.
The agent and counsel of the parties on each side are authorised
to present
orally and in writing to the Tribunal arguments in Support or
in defence of each
case.
4.
The Tribunal shall keep record of the questions and cases submitted
and the
proceedings thereon, with the dates of such proceedings.
5.
Each of the Powers concerned may appoint a secretary. These
secretaries shall act
together as joint secretaries of the Tribunal and shall be subject
to its
direction. The Tribunal may appoint and employ any other necessary
officer or
officers to assist in the performance of its duties.
6.
The Tribunal shall decide all questions and matters submitted
upon such evidence
and information as may be furnished by the parties concerned.
7.
Germany agrees to give the Tribunal all facilities and information
required by it
for carrying out its investigations.
8.
The language in which the proceedings shall be conducted shall,
unless otherwise
agreed, be English, French, Italian or Japanese, as may be determined
by the
Allied or Associated Power concerned.
9.
The place and time for the meetings of each Tribunal shall
be determined by the
President of the Tribunal.
ARTICLE 305.
Whenever a competent court has given or gives a decision in
a case covered by
Sections III, IV, V or VII, and such decision is inconsistent
with the provisions
of such Sections, the party who is prejudiced by the decision
shall be entitled
to obtain redress which shall be fixed by the Mixed Arbitral Tribunal.
At the
request of the national of an Allied or Associated Power, the
redress may,
whenever possible, be effected by the Mixed Arbitral Tribunal
directing the
replacement of the parties in the position occupied by them before
the judgment
was given by the German court.
SECTION VII.
INDUSTRIAL PROPERTY.
ARTICLE 306.
Subject to the stipulations of the present Treaty, rights of
industrial, literary
and artistic property, as such property is defined by the International
Conventions of Paris and of Berne, mentioned in Article 286, shall
be
re-established or restored, as from the coming into force of the
present Treaty,
in the territories of the High Contracting Parties, in favour
of the persons
entitled to the benefit of them at the moment when the state of
war commenced or
their legal representatives. Equally, rights which, except for
the war, would
have been acquired during the war in consequence of an application
made for the
protection of industrial property, or the publication of a literary
or artistic
work, shall be recognised and established in favour of those persons
who would
have been entitled thereto, from the coming into force of the
present Treaty.
Nevertheless, all acts done by virtue of the special measures
taken during the
war under legislative, executive or administrative authority of
any Allied or
Associated Power in regard to the rights of German nationals in
industrial,
literary or artistic property shall remain in force and shall
continue to
maintain their full effect.
No claim shall be made or action brought by Germany or German
nationals in
respect of the use during the war by the Government of any Allied
or Associated
Power, or by any persons acting on behalf or with the assent of
such Government,
of any rights in industrial, literary or artistic property, nor
in respect of the
sale, offering for sale, or use of any products, articles or apparatus
whatsoever
to which such rights applied.
Unless the legislation of any one of the Allied or Associated
Powers in force at
the moment of the signature of the present Treaty otherwise directs,
sums due or
paid in virtue of any act or operation resulting from the execution
of the
special measures mentioned in paragraph l of this Article shall
be dealt with in
the same way as other sums due to German nationals are directed
to be dealt with
by the present Treaty; and sums produced by any special measures
taken by the
German Government in respect of rights in industrial, literary
or artistic
property belonging to the nationals of the Allied or Associated
Powers shall be
considered and treated in the same way as other debts due from
German nationals.
Each of the Allied and Associated Powers reserves to itself
the right to impose
such limitations, conditions or restrictions on rights of industrial,
literary or
artistic property (with the exception of trade-marks) acquired
before or during
the war, or which may be subsequently acquired in accordance with
its
legislation, by German nationals, whether by granting licences,
or by the
working, or by preserving control over their exploitation, or
in any other way,
as may be considered necessary for national defence, or in the
public interest,
or for assuring the fair treatment by Germany of the rights of
industrial,
literary and artistic property held in German territory by its
nationals, or for
securing the due fulfilment of all the obligations undertaken
by Germany in the
present Treaty. As regards rights of industrial, literary and
artistic property
acquired after the coming into force of the present Treaty, the
right so reserved
by the Allied and Associated Powers shall only be exercised in
cases where these
limitations, conditions or restrictions may be considered necessary
for national
defence or in the public interest.
In the event of the application of the provisions of the preceding
paragraph by
any Allied or Associated Power, there shall be paid reasonable
indemnities or
royalties, which shall be dealt with in the same way as other
sums due to German
nationals are directed to be dealt with by the present Treaty.
Each of the Allied or Associated Powers reserves the right
to treat as void and
of no effect any transfer in whole or in part of or other dealing
with rights of
or in respect of industrial, literary or artistic property effected
after August
1, 1914, or in the future, which would have the result of defeating
the objects
of the provisions of this Article.
The provisions of this Article shall not apply to rights in
industrial, literary
or artistic property which have been dealt with in the liquidation
of businesses
or companies under war legislation by the Allied or Associated
Powers, or which
may be so dealt with by virtue of Article 297, paragraph (b).
ARTICLE 307.
A minimum of one year after the coming into force of the present
Treaty shall be
accorded to the nationals of the High Contracting Parties, without
extension fees
or other penalty, in order to enable such persons to accomplish
any act, fulfil
any formality, pay any fees, and generally satisfy any obligation
prescribed by
the laws or regulations of the respective States relating to the
obtaining,
preserving, or opposing rights to, or in respect of, industrial
property either
acquired before August 1, 1914, or which, except for the war,
might have been
acquired since that date as a result of an application made before
the war or
during its continuance, but nothing in this Article shall give
any right to
reopen interference proceedings in the United States of America
where a final
hearing has taken place.
All rights in, or in respect of, such property which may have
lapsed by reason of
any failure to accomplish any act, fulfil any formality, or make
any payment,
shall revive, but subject in the case of patents and designs to
the imposition of
such conditions as each Allied or Associated Power may deem reasonably
necessary
for the protection of persons who have manufactured or made use
of the subject
matter of such property while the rights had lapsed. Further,
where rights to
patents or designs belonging to German nationals are revived under
this Article,
they shall be subject in respect of the grant of licences to the
same provisions
as would have been applicable to them during the war, as well
as to all the
provisions of the present Treaty.
The period from August 1, 1914, until the coming into force
of the present Treaty
shall be excluded in considering the time within which a patent
should be worked
or a trade mark or design used, and it is further agreed that
no patent,
registered trade mark or design in force on August 1, 1914, shall
be subject to
revocation or cancellation by reason only of the failure to work
such patent or
use such trade mark or design for two years after the coming into
force of the
present Treaty.
ARTICLE 308.
The rights of priority, provided by Article 4 of the International
Convention for
the Protection of Industrial Property of Paris, of March 20, 1883,
revised at
Washington in 1911 or by any other Convention or Statute, for
the filing or
registration of applications for patents or models of utility,
and for the
registration of trade marks, designs and models which had not
expired on August
1, 1914, and those which have arisen during the war, or would
have arisen but for
the war, shall be extended by each of the High Contracting Parties
in favour of
all nationals of the other High Contracting Parties for a period
of six months
after the coming into force of the present Treaty.
Nevertheless, such extension shall in no way affect the right
of any of the High
Contracting Parties or of any person who before the coming into
force of the
present Treaty was bona fide in possession of any rights of industrial
property
conflicting with rights applied for by another who claims rights
of priority in
respect of them, to exercise such rights by itself or himself
personally, or by
such agents or licensees as derived their rights from it or him
before the coming
into force of the present Treaty; and such persons shall not be
amenable to any
action or other process of law in respect of infringement.
ARTICLE 309.
No action shall be brought and no claim made by persons residing
or carrying on
business within the territories of Germany on the one part and
of the Allied or
Associated Powers on the other, or persons who are nationals of
such Powers
respectively, or by any one deriving title during the war from
such persons, by
reason of any action which has taken place within the territory
of the other
party between the date of the declaration of war and that of the
coming into
force of the present Treaty, which might constitute an infringement
of the rights
of industrial property or rights of literary and artistic property,
either
existing at any time during the war or revived under the provisions
of Articles
307 and 308.
Equally, no action for infringement of industrial, literary
or artistic property
rights by such persons shall at any time be permissible in respect
of the sale or
offering for sale for a period of one year after the signature
of the present
Treaty in the territories of the Allied or Associated Powers on
the one hand or
Germany on the other, of products or articles manufactured, or
of literary or
artistic works published, during the period between the declaration
of war and
the signature of the present Treaty, or against those who have
acquired and
continue to use them. It is understood, nevertheless, that this
provision shall
not apply when the possessor of the rights was domiciled or had
an industrial or
commercial establishment in the districts occupied by Germany
during the war.
This Article shall not apply as between the United States of
America on the one
hand and Germany on the other.
ARTICLE 310.
Licenses in respect of industrial, literary or artistic property
concluded before
the war between nationals of the Allied or Associated Powers or
persons residing
in their territory or carrying on business therein, on the one
part, and German
nationals, on the other part, shall be considered as cancelled
as from the date
of the declaration of war between Germany and the Allied or Associated
Power.
But, in any case, the former beneficiary of a contract of this
kind shall have
the right, within a period of six months after the coming into
force of the
present Treaty, to demand from the proprietor of the rights the
grant of a new
license, the conditions of which, in default of agreement between
the parties,
shall be fixed by the duly qualified tribunal in the country under
whose
legislation the rights had been acquired, except in the case of
licenses held in
respect of rights acquired under German law. In such cases the
conditions shall
be fixed by the Mixed Arbitral Tribunal referred to in Section
VI of this Part.
The tribunal may, if necessary, fix also the amount which it may
deem just should
be paid by reason of the use of the rights during the war.
No license in respect of industrial, literary or artistic property,
granted under
the special war legislation of any Allied or Associated Power,
shall be affected
by the continued existence of any license entered into before
the war, but shall
remain valid and of full effect, and a license so granted to the
former
beneficiary of a license entered into before the war shall be
considered as
substituted for such license.
Where sums have been paid during the war by virtue of a license
or agreement
concluded before the war in respect of rights of industrial property
or for the
reproduction or the representation of literary, dramatic or artistic
works, these
sums shall be dealt with in the same manner as other debts or
credits of German
nationals, as provided by the present Treaty.
This Article shall not apply as between the United States of
America on the one
hand and Germany on the other.
ARTICLE 311
The inhabitants of territories separated from Germany by virtue
of the present
Treaty shall, notwithstanding this separation and the change of
nationality
consequent thereon, continue to enjoy in Germany all the rights
in industrial,
literary and artistic property to which they were entitled under
German
legislation at the time of the separation.
Rights of industrial, literary, and artistic property which
are in force in the
territories separated from Germany under the present Treaty at
the moment of the
separation of these territories from Germany, or which will be
re-established or
restored in accordance with the provisions of Article 306 of the
present Treaty,
shall be recognised by the State to which the said territory is
transferred and
shall remain in force in that territory for the same period of
time given them
under the German law.
SECTION VIII.
SOCIAL AND STATE INSURANCE IN CEDED
TERRITORY.
ARTICLE 312.
Without prejudice to the provisions contained in other Articles
of the present
Treaty, the German Government undertakes to transfer to any Power
to which German
territory in Europe is ceded, and to any Power administering former
German
territory as a mandatory under Article 22 of Part I (League of
Nations), such
portion of the reserves accumulated by the Government of the German
Empire or of
German States, or by public or private organisations under their
control, as is
attributable to the carrying on of Social or State Insurance in
such territory.
The Powers to which these funds are transferred must apply
them to the
performance of the obligations arising from such insurances
The conditions of the transfer will be determined by special
conventions to be
concluded between the German Government and the Governments concerned.
In case these special conventions are not concluded in accordance
with the above
paragraph within three months after the coming into force of the
present Treaty,
the conditions of transfer shall in each case be referred to a
Commission of five
members one of whom shall be appointed by the German Government,
one by the other
interested Government and three by the Governing Body of the International
Labour
Office from the nationals of other States. This Commission shall
by majority
vote, within three months after appointment adopt recommendations
for submission
to the Council of the League of Nations, and the decisions of
the Council shall
forthwith be accepted as final by Germany
PART XI.
AERIAL NAVIGATION.
ARTICLE 313.
The aircraft of the Allied and Associated Powers shall have
full liberty of
passage and landing over and in the territory and territorial
waters of Germany,
and shall enjoy the same privileges as German aircraft, particularly
in case of
distress by land or sea.
ARTICLE 314
The aircraft of the Allied and Associated Powers shall, while
in transit to any
foreign country whatever, enjoy the right of flying over the territory
and
territorial waters of Germany without landing, subject always
to any regulations
which may be made by Germany, and which shall be applicable equally
to the
aircraft of Germany and to those of the Allied and Associated
countries.
ARTICLE 315
All aerodromes in Germany open to national public traffic shall
be open for the
aircraft of the Allied and Associated Powers, and in any such
aerodrome such
aircraft shall be treated on a footing of equality with German
aircraft as
regards charges of every description, including charges for landing
and
accommodation.
ARTICLE 316.
Subject to the present provisions, the rights of passage, transit
and landing,
provided for in Articles 313, 314 and 315, are subject to the
observance of such
regulations as Germany may consider it necessary to enact, but
such regulations
shall be applied without distinction to German aircraft and to
those of the
Allied and Associated countries.
ARTICLE 317.
Certificate of nationality, airworthiness, or competency, and
licences, issued or
recognised as valid by any of the Allied or Associated Powers,
shall be
recognised in Germany as valid and as equivalent to the certificates
and licences
issued by Germany.
ARTICLE 318.
As regards internal commercial air traffic, the aircraft of
the, Allied and
Associated Powers shall enjoy in Germany most favoured nation
treatment.
ARTICLE 319.
Germany undertakes to enforce the necessary measures to ensure
that all German
aircraft flying over her territory shall comply with the Rules
as to lights and
signals, Rules of the Air and Rules for Air Traffic on and in
the neighbourhood
of aerodromes, which have been laid down in the Convention relative
to Aerial
Navigation concluded between the Allied and Associated Powers.
ARTICLE 320.
The obligations imposed by the preceding provisions shall remain
in force until
January 1, 1923, unless before that date Germany shall have been
admitted into
the League of Nations or shall have been authorised, by consent
of the Allied and
Associated Powers, to adhere to the Convention relative to Aerial
Navigation
concluded between those Powers.
PART XII.
PORTS, WATERWAYS AND RAILWAYS.
SECTION I.
GENERAL PROVISIONS.
ARTICLE 321.
Germany undertakes to grant freedom of transit through her
territories on the
routes most convenient for international transit, either by rail,
navigable
waterway, or canal, to persons, goods, vessels, carriages, wagons
and mails
coming from or going to the territories of any of the Allied and
Associated
Powers (whether contiguous or not); for this purpose the crossing
of territorial
waters shall be allowed. Such persons, goods, vessels, carriages,
wagons, and
mails shall not be subjected to any transit duty or to any undue
delays or
restrictions, and shall be entitled in Germany to national treatment
as regards
charges, facilities, and all other matters.
Goods in transit shall be exempt from all Customs or other
similar duties.
All charges imposed on transport in transit shall be reasonable,
having regard to
the conditions of the traffic. No charge, facility or restriction
shall depend
directly or indirectly on the ownership or on the nationality
of the ship or
other means of transport on which any part of the through journey
has been, or is
to be, accomplished.
ARTICLE 322.
Germany undertakes neither to impose nor to maintain any control
over
transmigration traffic through her territories beyond measures
necessary to
ensure that passengers are bona fide in transit; nor to allow
any shipping
company or any other private body, corporation or person interested
in the
traffic to take any part whatever in, or to exercise any direct
or indirect
influence over, any administrative service that may be necessary
for this
purpose.
ARTICLE 323.
Germany undertakes to make no discrimination or preference
direct or indirect, in
the duties, charges and prohibitions relating to importations
into or
exportations from her territories, or, subject to the special
engagements
contained in the present Treaty, in the charges and conditions
of transport of
goods or persons entering or leaving her territories, based on
the frontier
crossed; or on the kind, ownership or flag of the means of transport
(including
aircraft) employed, or on the original or immediate place of departure
of the
vessel, wagon or aircraft or other means of transport employed,
or its ultimate
or intermediate destination; or on the route of or places of trans-shipment
on
the journey; or on whether any port through which the goods are
imported or
exported is a German port or a port belonging to any foreign country
or on
whether the goods are imported or exported by sea, by land or
by air.
Germany particularly undertakes not to establish against the
ports and vessels of
any of the Allied and Associated Powers any surtax or any direct
or indirect
bounty for export, or import by German ports or vessels, or by
those of another
Power, for example by means of combined tariffs. She further undertakes
that
persons or goods passing through a port or using a vessel of any
of the Allied
and Associated Powers shall not be subjected to any formality
or delay whatever
to which such persons or goods would not be subjected if they
passed through a
German port or a port of any other Power, or used a German vessel
or a vessel of
any other Power.
ARTICLE 324.
All necessary administrative and technical measures shall be
taken to shorten, as
much as possible, the transmission of goods across the German
frontiers and to
ensure their forwarding and transport from such frontiers, irrespective
of
whether such goods are coming from or going to the territories
of the Allied and
Associated Powers or are in transit from or to those territories,
under the same
material conditions in such matters as rapidity of carriage and
care en route as
are enjoyed by other goods of the same kind carried on German
territory under
similar conditions of transport.
In particular, the transport of perishable goods shall be promptly
and regularly
carried out, and the customs formalities shall be effected in
such a way as to
allow the goods to be carried straight through by trains which
make connection.
ARTICLE 325
The seaports of the Allied and Associated Powers are entitled
to all favours and
to all reduced tariffs granted on German railways or navigable
waterways for the
benefit of German ports or of any port of another Power.
ARTICLE 326.
Germany may not refuse to participate in the tariffs or combinations
of tariffs
intended to secure for ports of any of the Allied and Associated
Powers
advantages similar to those granted by Germany to her own ports
or the ports of
any other Power.
SECTION II.
NAVIGATION.
CHAPTER I.
FREEDOM OF NAVIGATION.
ARTICLE 327.
The nationals of any of the Allied and Associated Powers as
well as their vessels
and property shall enjoy in all German ports and on the inland
navigation routes
of Germany the same treatment in all respects as German nationals,
vessels and
property.
In particular the vessels of any one of the Allied or Associated
Powers shall be
entitled to transport goods of any description, and passengers,
to or from any
ports or places in German territory to which German vessels may
have access,
under conditions which shall not be more onerous than those applied
in the case
of national vessels; they shall be treated on a footing of equality
with national
vessels as regards port and harbour facilities and charges of
every description,
including facilities for stationing loading, and unloading, and
duties and
charges of tonnage, harbour, pilotage, light-house, quarantine,
and all analogous
duties and charges of whatsoever nature, levied in the name of
or for the profit
of the Government, public functionaries, private individuals,
corporations or
establishments of any kind.
In the event of Germany granting a preferential regime to any
of the Allied or
Associated Powers or to any other foreign Power, this regime shall
be extended
immediately and unconditionally to all the Allied and Associated
Powers.
There shall be no impediment to the movement of persons or
vessels other than
those arising from prescriptions concerning customs, police, sanitation,
emigration, and immigration, and those relating to the import
and export of
prohibited goods. Such regulations must be reasonable and uniform
and must not
impede traffic unnecessarily.
CHAPTER II.
FREE ZONES 1N PORTS.
ARTICLE 328.
The free zones existing in German ports on August 1, 1914,
shall be maintained.
These free zones, and any other free zones which may be established
in German
territory by the present Treaty, shall be subject to the regime
provided for in
the following
Goods entering or leaving a free zone shall not be subjected
to any import or
export duty, other than those provided for in Article 330.
Vessels and goods entering a free zone may be subjected to
the charges
established to cover expenses of administration, upkeep and improvement
of the
port, as well as to the charges for the use of various installations,
provided
that these charges shall be reasonable having regard to the expenditure
incurred,
and shall be levied in the conditions of equality provided for
in Article 327.
Goods shall not be subjected to any other charge except a statistical
duty which
shall not exceed 1 mille ad valorem, and which shall be devoted
exclusively to
defraying the expenses of compiling statements of the traffic
in the port.
ARTICLE 329.
The facilities granted for the erection of warehouses, for
packing and for
unpacking goods, shall be in accordance with trade requirements
for the time
being. All goods allowed to be consumed in the free zone shall
be exempt from
duty, whether of excise or of any other description, apart from
the statistical
duty provided for in Article 328 above.
There shall be no discrimination in regard to any of the provisions
of the
present Article between persons belonging to different nationalities
or between
goods of different origin or destination.
ARTICLE 330.
Import duties may be levied on goods leaving the free zone
for consumption in the
country on the territory of which the port is situated. Conversely,
export duties
may be levied on goods coming from such country and brought into
the free zone.
These import and export duties shall be levied on the same basis
and at the same
rates as similar duties levied at the other Customs frontiers
of the country
concerned. On the other hand, Germany shall not levy, under any
denomination, any
import, export or transit duty on goods carried by land or water
across her
territory to or from the free zone from or to any other State.
Germany shall draw up the necessary regulations to secure and
guarantee such
freedom of transit over such railways and waterways in her territory
as normally
give access to the free zone.
CHAPTER III.
CLAUSES RELATING TO THE ELBE, THE ODER, THE NIEMEN (RUSSSTROM-MEMEL-NIEMEN)
AND
THE DANUBE.
(l) General Clauses.
ARTICLE 331
The following rivers are declared international: the Elbe (Labe)
from its
confluence with the Vltava (Moldau), and the Vltava (Moldau) from
Prague; the
Oder (Odra) from its confluence with the Oppa; the Niemen
(Russstrom-Memel-Niemen) from Grodno; the Danube from Ulm; and
all navigable
parts of these river systems which naturally provide more than
one State with
access to the sea, with or without transshipment from one vessel
to another;
together with lateral canals and channels constructed either to
duplicate or to
improve naturally navigable sections of the specified river systems,
or to
connect two naturally navigable sections of the same river.
The same shall apply to the Rhine-Danube navigable waterway,
should such a
waterway be constructed under the conditions laid down in Article
353.
ARTICLE 332.
On the waterways declared to be international in the preceding
Article, the
nationals, property and flags of all Powers shall be treated on
a footing of
prefect equality, no distinction being made to the detriment of
the nationals,
property or flag of any Power between them and the nationals,
property or flag of
the riparian State itself or of the most favoured nation.
Nevertheless, German vessels shall not be entitled to carry
passengers or goods
by regular services between the ports of any Allied or Associated
Power, without
special authority from such Power.
ARTICLE 333.
Where such charges are not precluded by any existing conventions,
charges varying
on different sections of a river may be levied on vessels using
the navigable
channels or their approaches, provided that they are intended
solely to cover
equitably the cost of maintaining in a navigable condition, or
of improving, the
river and its approaches, or to meet expenditure incurred in the
interests of
navigation. The schedule of such charges shall be calculated on
the basis of
such expenditure and shall be posted up in the ports. These charges
shall be
levied in such a manner as to render any detailed examination
of cargoes
unnecessary, except in cases of suspected fraud or contravention.
ARTICLE 334. The transit of vessels, passengers and goods on
these waterways
shall be effected in accordance with the general conditions prescribed
for
transit in Section I above.
When the two banks of an international river are within the
same State goods in
transit may be placed under seal or in the custody of customs
agents. When the
river forms a frontier goods and passengers in transit shall be
exempt from all
customs formalities, the loading and unloading of goods, and the
embarkation and
disembarkation of passengers, shall only take place in the ports
specified by the
riparian State.
ARTICLE 335.
No dues of any kind other than those provided for in the present
Part shall be
levied along the course or at the mouth of these rivers.
This provision shall not prevent the fixing by the riparian
States of customs,
local octroi or consumption duties, or the creation of reasonable
and uniform
charges levied in the ports, in accordance with public tariffs,
for the use of
cranes, elevators, quays, warehouses, etc.
ARTICLE 336.
In default of any special organisation for carrying out the
works connected with
the upkeep and improvement of the international portion of a navigable
system,
each riparian State shall be bound to take suitable measures to
remove any
obstacle or danger to navigation and to ensure the maintenance
of good conditions
of navigation.
If a State neglects to comply with this obligation any riparian
State, or any
State represented on the International Commission, if there is
one, may appeal to
the tribunal instituted for this purpose by the League of Nations.
ARTICLE 337.
The same procedure shall be followed in the case of a riparian
State undertaking
any works of a nature to impede navigation in the international
section. The
tribunal mentioned in the preceding Article shall be entitled
to enforce the
suspension or suppression of such works, making due allowance
in its decisions
for all rights in connection with irrigation, water-power, fisheries,
and other
national interests, which, with the consent of all the riparian
States or of all
the States represented on the International Commission, if there
is one, shall be
given priority over the requirements of navigation.
Appeal to the tribunal of the League of Nations does not require
the suspension
of the works.
ARTICLE 338.
The regime set out in Articles 332 to 337 above shall be superseded
by one to be
laid down in a General Convention drawn up by the Allied and Associated
Powers,
and approved by the League of Nations, relating to the waterways
recognised in
such Convention as having an international character. This Convention
shall apply
in particular to the whole or part of the above-mentioned river
systems of the
Elbe (Labe), the Oder (Odra), the Niemen (Russstrom-Memel-Niemen),
and the
Danube, and such other parts of these river systems as may be
covered by a
general definition.
Germany undertakes, in accordance with the provisions of Article
379, to adhere
to the said General Convention as well as to all projects prepared
in accordance
with Article 343 below for the revision of existing international
agreements and
regulations.
ARTICLE 339.
Germany shall cede to the Allied and Associated Powers concerned,
within a
maximum period of three months from the date on which notification
shall be given
her, a proportion of the tugs and vessels remaining registered
in the ports of
the river systems referred to in Article 331 after the deduction
of those
surrendered by way of restitution or reparation. Germany shall
in the same way
cede material of all kinds necessary to the Allied and Associated
Powers
concerned for the utilisation of those river systems.
The number of the tugs and boats, and the amount of the material
so ceded, and
their distribution, shall be determined by an arbitrator or arbitrators
nominated
by the United States of America, due regard being had to the legitimate
needs of
the parties concerned, and particularly to the shipping traffic
during the five
years preceding the war.
All craft so ceded shall be provided with their fittings and
gear, shall be in a
good state of repair and in condition to carry goods and shall
be selected from
among those most recently built.
The cessions provided for in the present Article shall entail
a credit of which
the total amount, settled in a lump sum by the arbitrator or arbitrators,
shall
not in any case exceed the value of the capital expended in the
initial
establishment of the material ceded, and shall be set off against
the total sums
due from Germany, in consequence, the indemnification of the proprietors
shall be
a matter for Germany to deal with.
(2) Special Clauses relating to the Elbe, the Oder and the
Niemen
(Russstrom-Memel-Niemen).
ARTICLE 340.
The Elbe (Labe) shall be placed under the administration of
an International
Commission which shall comprise:
4 representatives of the German States bordering on the river:
2 representatives of the Czecho-Slovak State;
1 representative of Great Britain;
1 representative of France;
1 representative of Italy;
1 representative of Belgium.
Whatever be the number of members present, each delegation
shall have the right
to record a number of votes equal to the number of representatives
allotted to
it.
If certain of these representatives cannot be appointed at
the time of the coming
into force of the present Treaty, the decisions of the Commission
shall
nevertheless be valid.
ARTICLE 341
The Oder (Odra) shall be placed under the administration of
an International
Commission, which shall comprise:
1 representative of Poland;
3 representatives of Prussia;
1 representative of the Czecho-Slovak State;
1 representative of Great Britain;
1 representative of France;
1 representative of Denmark;
1 representative of Sweden.
If certain of these representatives cannot be appointed at
the time of the coming
into force of the present Treaty, the decisions of the Commission
shall
nevertheless be valid.
ARTICLE 342.
On a request being made to the League of Nations by any riparian
State, the
Niemen (Russstrom-Memel-Niemen) shall be placed under the administration
of an
International Commission which shall comprise one representative
of each riparian
State and three representatives of other States specified by the
League of
Nations.
ARTICLE 343.
The International Commissions referred to in Articles 340 and
342 shall meet
within three months of the date of the coming into force of the
present Treaty.
The International Commission referred to in Article 342 shall
meet within three
months from the date of the request made by a riparian State.
Each of these
Commissions shall proceed immediately to prepare a project for
the revision of
the existing international agreements and regulations drawn up
in conformity with
the General Convention referred to in Article 338, should such
Convention have
been already concluded. In the absence of such Convention, the
project for
revision shall be in conformity with the principles of Articles
332 to 337 above.
ARTICLE 344.
The projects referred to in the preceding Article shall, inter
alia:
(a) designate the headquarters of the International Commission,
and prescribe the
manner in which its President is to be nominated;
(b) specify the extent of the Commission's powers, particularly
in regard to the
execution of works of maintenance, control, and improvement on
the river system,
the financial regime, the fixing and collection of charges, and
regulations for
navigation-
(c) define the sections of the river or its tributaries to
which the
international regime shall be applied.
ARTICLE 345.
The international agreements and regulations at present governing
the navigation
of the Elbe (Labe), the Oder (Odra), and the Niemen (Russstrom-Memel-Niemen)
shall be provisionally maintained in force until the ratification
of the
above-mentioned projects. Nevertheless, in all cases where such
agreements and
regulations in force are in conflict with the provisions of Articles
332 to 337
above, or of the General Convention to be concluded, the latter
provisions shall
prevail.
(3) Special Clauses relating to the Danube.
ARTICLE 346.
The European Commission of the Danube reassumes the powers
it possessed before
the war. Nevertheless, as a provisional measure, only representatives
of Great
Britain, France, Italy and Roumania shall constitute this Commission.
ARTICLE 347
From the point where the competence of the European Commission
ceases, the Danube
system referred to in Article 33l shall be placed under the administration
of an
International Commission composed as follows:
2 representatives of German riparian States; 1 representative
of each other
riparian State; 1 representative of each non-riparian State represented
in the
future on the European Commission of the Danube.
If certain of these representatives cannot be appointed at
the time of the coming
into force of the present Treaty, the decisions of the Commission
shall
nevertheless be valid.
ARTICLE 348.
The International Commission provided for in the preceding
Article shall meet as
soon as possible after the coming into force of the present Treaty
and shall
undertake provisionally the administration of the river in conformity
with the
provisions of Articles 332 to 337, until such time as a definitive
statute
regarding the Danube is concluded by the Powers dominated by the
Allied and
Associated Powers.
ARTICLE 349.
Germany agrees to accept the regime which shall be laid down
for the Danube by a
Conference of the Powers nominated by the Allied and Associated
Powers, which
shall meet within one year after the coming into force of the
present Treaty, and
at which German representatives may be present.
ARTICLE 350
The mandate given by Article 57 of the Treaty of Berlin of
July 13, 1878, to
Austria-Hungary, and transferred by her to Hungary to carry out
works at the Iron
Gates, is abrogated. The Commission entrusted with the administration
of this
part of the river shall lay down provisions for the settlement
of accounts
subject to . the financial provisions of the present Treaty. Charges
which may be
necessary shall in no case be levied by Hungary.
ARTICLE 351.
Should the Czecho-Slovak State, the Serb-Croat-Slovene State
or Roumania, with
the authorisation of or under mandate from the International Commission,
undertake maintenance, improvement, weir, or other works on a
part of the river
system which forms a frontier, these States shall enjoy on the
opposite bank, and
also on the part of the bed which is outside their territory,
all necessary
facilities for the survey, execution and maintenance of such works.
ARTICLE 352.
Germany shall be obliged to make to the European Commission
of the Danube all
restitutions, reparations and indemnities for damages inflicted
on the Commission
during the war.
ARTICLE 353.
Should a deep-draught Rhine-Danube navigable waterway be constructed,
Germany
undertakes to apply thereto the regime prescribed in Articles
332 to 338.
CHAPTER IV.
CLAUSES RELATING TO THE RHINE AND THE MOSELLE.
ARTICLE 354
As from the coming into force of the present Treaty, the Convention
of Mannheim
of October 17, 1868, together with the Final Protocol thereof,
shall continue to
govern navigation on the Rhine, subject to the conditions hereinafter
laid down.
In the event of any provision of the said Convention being
in conflict with those
laid down by the General Convention referred to in Article 338
(which shall apply
to the Rhine) the provisions of the General Convention shall prevail.
Within a maximum period of six months from the coming into
force of the present
Treaty, the Central Commission referred to in Article 355 shall
meet to draw up a
project of revision of the Convention of Mannheim. This project
shall be drawn up
in harmony with the provisions of the General Convention referred
to above,
should this have been concluded by that time, and shall be submitted
to the
Powers represented on the Central Commission Germany hereby agrees
to adhere to
the project so drawn up.
Further, the modifications set out in the following Articles
shall immediately be
made in the Convention of Mannheim.
The Allied and Associated Powers reserve to themselves the
right to arrive at an
understanding in this connection with Holland, and Germany hereby
agrees to
accede if required to any such understanding.
The Central Commission provided for in the Convention of Mannheim
shall consist
of nineteen members, viz.:
2 representatives of the Netherlands; 2 representatives of
Switzerland; 4
representatives of German riparian States; 4 representatives of
France, which in
addition shall appoint the President of the Commission; 2 representatives
of
Great Britain; 2 representatives of Italy; 2 representatives of
Belgium.
The headquarters of the Central Commission shall be at Strasburg.
Whatever be the number of members present, each Delegation
shall have the right
to record a number of votes equal to the number of representatives
allotted to
it.
If certain of these representatives cannot be appointed at
the time of the coming
into force of the present Treaty, the decision of the Commission
shall
nevertheless be valid.
ARTICLE 356.
Vessels of all nations, and their cargoes, shall have the same
rights and
privileges as those which are granted to vessels belonging to
the Rhine
navigation, and to their cargoes.
None of the provisions contained in Articles 15 to 20 and 26
of the
above-mentioned Convention of Mannheim, in Article 4 of the Final
Protocol
thereof, or in later Conventions, shall impede the free navigation
of vessels and
crews of all nations on the Rhine and on waterways to which such
Conventions
apply, subject to compliance with the regulations concerning pilotage
and other
police measures drawn up by the Central Commission.
The provisions of Article 22 of the Convention of Mannheim
and of Article 5 of
the Final Protocol thereof shall be applied only to vessels registered
on the
Rhine. The Central Commission shall decide on the steps to be
taken to ensure
that other vessels satisfy the conditions of the general regulations
applying to
navigation on the Rhine.
ARTICLE 357
Within a maximum period of three months from the date on which
notification shall
be given Germany shall cede to France tugs and vessels, from among
those
remaining registered in German Rhine ports after the deduction
of those
surrendered by way of restitution or reparation, or shares in
German Rhine
navigation companies.
When vessels and tugs are ceded, such vessels and tugs, together
with their
fittings and gear, shall be in good state of repair, shall be
in condition to
carry on commercial traffic on the Rhine, and shall be selected
from among those
most recently built.
The same procedure shall be followed in the matter of the cession
by Germany to
France of:
(1) the installations, berthing and anchorage accommodation,
platforms, docks,
warehouses, plant, etc., which German subjects or German companies
owned on
August 1, 1914, in the port of Rotterdam, and
(2) the shares or interests which Germany or German nationals
possessed in such
installations at the same date.
The amount and specifications of such cessions shall be determined
within one
year of the coming into force of the present Treaty by an arbitrator
or
arbitrators appointed by the United States of America, due regard
being had to
the legitimate needs of the parties concerned.
The cessions provided for in the present Article shall entail
a credit of which
the total amount, settled in a lump sum by the arbitrator or arbitrators
mentioned above shall not in any case exceed the value of the
capital expended in
the initial establishment of the ceded material and installations,
and shall be
set off against the total sums due from Germany; in consequence,
the
indemnification of the proprietors shall be a matter for Germany
to deal with.
ARTICLE 358.
Subject to the obligation to comply with the provisions of
the Convention of
Mannheim or of the Convention which may be substituted therefor,
and to the
stipulations of the present Treaty, France shall have on the whole
course of the
Rhine included between the two extreme points of the French frontiers:
(a) the right to take water from the Rhine to feed navigation
and irrigation
canals (constructed or to be constructed) or for any other purpose,
and to
execute on the German bank all works necessary for the exercise
of this right;
(b) the exclusive right to the power derived from works of
regulation on the
river, subject to the payment to Germany of the value of half
the power actually
produced, this payment, which will take into account the cost
of the works
necessary for producing the power, being made either in money
or in power and in
default of agreement being determined by arbitration. For this
purpose France
alone shall have the right to carry out in this part of the river
all works of
regulation (weirs or other works) which she may consider necessary
for the
production of power. Similarly, the right of taking water from
the Rhine is
accorded to Belgium to feed the Rhine-Meuse navigable waterway
provided for
below.
The exercise of the rights mentioned under (a) and (b) of the
present Article
shall not interfere with navigability nor reduce the facilities
for navigation,
either in the bed of the Rhine or in, the derivations which may
be substituted
therefor, nor shall it . involve any increase in the tolls formerly
levied under
the Convention in force. All proposed schemes shall be laid before
the Central
Commission in order that that Commission may assure itself that
these conditions
are complied with.
To ensure the proper and faithful execution of the provisions
contained in (a)
and (b) above, Germany:
(1) binds herself not to undertake or to allow the construction
of any lateral
canal or any derivation on the right bank of the river opposite
the French
frontiers;
(2) recognises the possession by France of the right of support
on and the right
of way over all lands situated on the right bank which may be
required in order
to survey, to build, and to operate weirs which France, with the
consent of the
Central Commission, may subsequently decide to establish. In accordance
with such
consent, France shall be entitled to decide upon and fix the limits
of the
necessary sites, and she shall be permitted to occupy such lands
after a period
of two months after simple notification, subject to the payment
by her to Germany
of indemnities of which the total amount shall be fixed by the
Central
Commission. Germany shall make it her business to indemnify the
proprietors whose
property will be burdened with such servitudes or permanently
occupied by the
works.
Should Switzerland so demand, and if the Central Commission
approves, the same
rights shall be accorded to Switzerland for the part of the river
forming her
frontier with other riparian States;
(3) shall hand over to the French Government, during the month
following the
coming into force of the present Treaty, all projects, designs,
drafts of
concessions and of specifications concerning the regulation of
the Rhine for any
purpose whatever which have been drawn up or received by the Governments
of
Alsace-Lorraine or of the Grand Duchy of Baden.
ARTICLE 359.
Subject to the preceding provisions, no works shall be carried
out in the bed or
on either bank of the Rhine where it forms the boundary of France
and Germany
without the previous approval of the Central Commission or of
its agents.
ARTICLE 360.
France reserves the option of substituting herself as regards
the rights and
obligations resulting from agreements arrived at between the Government
of
Alsace-Lorraine and the Grand Duchy of Baden concerning the works
to be carried
out on the Rhine; she may also denounce such agreements within
a term of five
years dating from the coming into force of the present Treaty.
France shall also have the option of causing works to be carried
out which may be
recognised as necessary by the Central Commission for the upkeep
or improvement
of the navigability of the Rhine above Mannheim.
ARTICLE 361.
Should Belgium within a period of 25 years from the coming
into force of the
present Treaty decide to create a deep-draught Rhine-Meuse navigable
waterway, in
the region of Ruhrort, Germany shall be bound to construct, in
accordance with
plans to be communicated to her by the Belgian Government, after
agreement with
the Central Commission, the portion of this navigable waterway
situated within
her territory.
The Belgian Government shall, for this purpose, have the right
to carry out on
the ground all necessary surveys.
Should Germany fail to carry out all or part of these works,
the Central
Commission shall be entitled to carry them out instead; and, for
this purpose,
the Commission may decide upon and fix the limits of the necessary
sites and
occupy the ground after a period of two months after simple notification,
subject
to the payment of indemnities to be fixed by it and paid by Germany.
This navigable waterway shall be placed under the same administrative
regime as
the Rhine itself, and the division of the cost of initial construction,
including
the above indemnities, among the States crossed thereby shall
be made by the
Central Commission.
ARTICLE 362.
Germany hereby agrees to offer no objection to any proposals
of the Central Rhine
Commission for extending its jurisdiction:
(1) to the Moselle below the Franco-Luxemburg frontier down
to the Rhine, subject
to the consent of Luxemburg;
(2) to the Rhine above Basle up to the Lake of Constance, subject
to the consent
of Switzerland;
(3) to the lateral canals and channels which may be established
either to
duplicate or to improve naturally navigable sections of the Rhine
or the Moselle,
or to connect two naturally navigable sections of these rivers,
and also any
other parts of the Rhine river system which may be covered by
the General
Convention provided for in Article 338 above.
CHAPTER V.
CLAUSES GIVING TO THE CZECHO-SLOVAK STATE THE USE OF NORTHERN
PORTS.
ARTICLE 363.
In the ports of Hamburg and Stettin Germany shall lease to
the Czecho-Slovak
State, for a period of 99 years, areas which shall be placed under
the general
regime of free zones and shall be used for the direct transit
of goods coming
from or going to that State.
ARTICLE 364.
The delimitation of these areas, and their equipment, their
exploitation, and in
general all conditions for their utilisation, including the amount
of the rental,
shall be decided by a Commission consisting of one delegate of
Germany, one
delegate of the Czecho-Slovak State and one delegate of Great
Britain. These
conditions shall be susceptible of revision every ten years in
the same manner.
Germany declares in advance that she will adhere to the decisions
so taken.
SECTION III.
RAILWAYS.
CHAPTER I.
CLAUSES RELATING TO INTERNATIONAL TRANSPORT.
ARTICLE 365.
Goods coming from the territories of the Allied and Associated
Powers, and going
to Germany, or in transit through Germany from or to the territories
of the
Allied and Associated Powers, shall enjoy on the German railways
as regards
charges to be collected (rebates and drawbacks being taken into
account),
facilities, and all other matters, the most favourable treatment
applied to goods
of the same kind carried on any German lines, either in internal
traffic, or for
export, import or in transit, under similar conditions of transport,
for example
as regards length of route. The same rule shall be applied, on
the request of one
or more of the Allied and Associated Powers, to goods specially
designated by
such Power or Powers coming from Germany and going to their territories.
International tariffs established in accordance with the rates
referred to in the
preceding paragraph and involving through waybills shall be established
when one
of the Allied and Associated Powers shall require it from Germany.
ARTICLE 366.
From the coming into force of the present Treaty the High Contracting
Parties
shall renew, in so far as concerns them and under the reserves
indicated in the
second paragraph of the present Article, the conventions and arrangements
signed
at Berne on October 14, 1890, September 20, 1893, July 16, 1895,
June 16, 1898,
and September 19, 1906, regarding the transportation of goods
by rail.
If within five years from the date of the coming into force
of the present Treaty
a new convention for the transportation of passengers, luggage,
and goods by rail
shall have been concluded to replace the Berne Convention of October
14, 1 890,
and the subsequent additions referred to above, this new convention
and the
supplementary provisions for international transport by rail which
may be based
on it shall bind Germany, even if she shall have refused to take
part in the
preparation of the convention or to subscribe to it. Until a new
convention shall
have been concluded, Germany shall conform to the provisions of
the Berne
Convention and the subsequent additions referred to above, and
to the current
supplementary provisions.
ARTICLE 367.
Germany shall be bound to co-operate in the establishment of
through ticket
services (for passengers and their luggage) which shall be required
by any of the
Allied and Associated Powers to ensure their communication by
rail with each
other and with all other countries by transit across the territories
of Germany;
in particular Germany shall, for this purpose, accept trains and
carriages coming
from the territories of the Allied and Associated Powers and shall
forward them
with a speed at least equal to that of her best long-distance
trains on the same
lines. The rates applicable to such through services shall not
in any case be
higher than the rates collected on German internal services for
the same
distance, under the same conditions of speed and comfort.
The tariffs applicable under the same conditions of speed and
comfort to the
transportation of emigrants going to or coming from ports of the
Allied and
Associated Powers and using the German railways shall not be at
a higher
kilometric rate than the most favourable tariffs (drawbacks and
rebates being
taken into account) enjoyed on the said railways by emigrants
going to or coming
from any other ports
ARTICLE 368.
Germany shall not apply specially to such through services,
or to the
transportation of emigrants going to or coming from the ports
of the Allied and
Associated Powers, any technical, fiscal or administrative measures,
such as
measures of customs examination, general police, sanitary police,
and control,
the result of which would be to impede or delay such services.
ARTICLE 369.
In case of transport partly by rail and partly by internal navigation,
with or
without through way-bill, the preceding Articles shall apply to
the part of the
journey performed by rail.
CHAPTER II.
ROLLING-STOCK.
ARTICLE 370.
Germany undertakes that German wagons shall be fitted with
apparatus allowing:
(1) of their inclusion in goods trains on the lines of such
of the Allied and
Associated Powers as are parties to the Berne Convention of May
15, 1886, as
modified on May 18, 1907, without hampering the action of the
continuous brake
which may be adopted in such countries within ten years of the
coming into force
of the present Treaty, and
(2) Of the acceptance of wagons of such countries in all goods
trains on the
German lines.
The rolling-stock of the Allied and Associated Powers shall
enjoy on the German
lines the same treatment as German rollingstock as regards movement,
upkeep, and
repairs.
CHAPTER III.
CESSIONS OF RAILWAY LINES.
ARTICLE 371.
Subject to any special provisions concerning the cession of
ports, waterways and
railways situated in the territories over which Germany abandons
her sovereignty,
and to the financial conditions relating to the concessionnaires
and the
pensioning of the personnel, the cession of railways will take
place under the
following conditions:
(1) The works and installations of all the railroads shall
be handed over
complete and in good condition.
(2) When a railway system possessing its own rolling-stock
is handed over in its
entirety by Germany to one of the Allied and Associated Powers,
such stock shall
be handed over complete, in accordance with the last inventory
before November
11, 1918, and in a normal state of upkeep.
(3) As regards lines without any special rolling-stock, Commissions
of experts
designated by the Allied and Associated Powers, on which Germany
shall be
represented, shall fix the proportion of the stock existing on
the system to
which those lines belong to be handed over. These Commissions
shall have regard
to the amount of the material registered on these lines in the
last inventory
before November 11, 1918, the length of track (sidings included),
and the nature
and amount of the traffic. These Commissions shall also specify
the locomotives,
carriages and wagons to be handed over in each case; they shall
decide upon the
conditions of their acceptance, and shall make the provisional
arrangements
necessary to ensure their repair in German workshops.
(4) Stocks of stores, fittings and plant shall be handed over
under the same
conditions as the rolling-stock.
The provisions of paragraphs 3 and 4 above shall be applied
to the lines of
former Russian Poland converted by Germany to the German gauge,
such lines being
regarded as detached from the
Prussian State System.
CHAPTER IV.
PROVISIONS RELATING TO CERTAIN RAILWAY LINES.
ARTICLE 372.
When as a result of the fixing of new frontiers a railway connection
between two
parts of the same country crosses another country, or a branch
line from one
country has its terminus in another, the conditions of working,
if not
specifically provided for in the present Treaty, shall be laid
down in a
convention between the railway administrations concerned. If the
administrations
cannot come to an agreement as to the terms of such convention,
the points of
difference shall be decided by commissions of experts composed
as provided in the
preceding Article.
ARTICLE 373.
Within a period of five years from the coming into force of
the present Treaty
the Czecho-Slovak State may require the construction of a railway
line in German
territory between the stations of Schlauney and Nachod. The cost
of construction
shall be borne by the Czecho-Slovak State.
ARTICLE 374.
Germany undertakes to accept, within ten years of the coming
into force of the
present Treaty, on request being made by the Swiss Government
after agreement
with the Italian Government, the denunciation of the International
Convention of
October l3, 1909, relative to the St. Gothard railway. In the
absence of
agreement as to the conditions of such denunciation, Germany hereby
agrees to
accept the decision of an arbitrator designated by the United
States of America.
CHAPTER V.
TRANSITORY PROVISIONS.
ARTICLE 375
Germany shall carry out the instructions given her, in regard
to transport, by an
authorised body acting on behalf of the Allied and Associated
Powers:
(1) For the carriage of troops under the provisions of the
present Treaty, and of
material, ammunition and supplies for army use;
(2) As a temporary measure, for the transportation of supplies
for certain
regions, as well as for the restoration, as rapidly as possible,
of the normal
conditions of transport, and for the organisation of postal and
telegraphic
services.
SECTION IV.
DISPUTES.
AND REVISION OF PERMANENT CLAUSES.
ARTICLE 376.
Disputes which may arise between interested Powers with regard
to the
interpretation and application of the preceding Article shall
be settled as
provided by the League of Nations.
ARTICLE 377.
At any time the League of Nations may recommend the revision
of such of these
Articles as relate to a permanent administrative regime.
ARTICLE 378.
The stipulations in Articles 321 to 330, 332, 365, and 367
to 369 shall be
subject to revision by the Council of the League of Nations at
any time after
five years from the coming into force of the present Treaty.
Failing such revision, no Allied or Associated Power can claim
after the
expiration of the above period of five years the benefit of any
of the
stipulations in the Articles enumerated above on behalf of any
portion of its
territories in which reciprocity is not accorded in respect of
such stipulations.
The period of five years during which reciprocity cannot be demanded
may be
prolonged by the Council of the League of Nations.
SECTION V.
SPECIAL PROVISION.
ARTICLE 379.
Without prejudice to the special obligations imposed on her
by the present Treaty
for the benefit of the Allied and Associated Powers, Germany undertakes
to adhere
to any General Conventions regarding the international regime
of transit,
waterways, ports or railways which may be concluded by the Allied
and Associated
Powers, with the approval of the League of Nations, within five
years of the
coming into force of the present Treaty.
SECTION VI.
CLAUSES RELATING TO THE KIEL CANAL.
ARTICLE 380.
The Kiel Canal and its approaches shall be maintained free
and open to the
vessels of commerce and of war of all nations at peace with Germany
on terms of
entire equality.
ARTICLE 381.
The nationals, property and vessels of all Powers shall, in
respect of charges,
facilities, and in all other respects, be treated on a footing
of perfect
equality in the use of the Canal, no distinction being made to
the detriment of
nationals, property and vessels of any Power between them and
the nationals,
property and vessels of Germany or of the most favoured nation.
No impediment shall be placed on the movement of persons or
vessels other than
those arising out of police, customs, sanitary, emigration or
immigration
regulations and those relating to the import or export of prohibited
goods. Such
regulations must be reasonable and uniform and must not unnecessarily
impede
traffic
ARTICLE 382.
Only such charges may be levied on vessels using the Canal
or its approaches as
are intended to cover in an equitable manner the cost of maintaining
in a
navigable condition, or of improving, the Canal or its approaches,
or to meet
expenses incurred in the interests of navigation. The schedule
of such charges
shall be calculated on the basis of such expenses, and shall be
posted up in the
ports.
These charges shall be levied in such a manner as to render
any detailed
examination of cargoes unnecessary, except in the case of suspected
fraud or
contravention.
ARTICLE 383.
Goods in transit may be placed under seal or in the custody
of customs agents;
the loading and unloading of goods, and the embarkation and disembarkation
of
passengers, shall only take place in the ports specified by Germany.
ARTICLE 384.
No charges of any kind other than those provided for in the
present Treaty shall
be levied along the course or at the approaches of the Kiel Canal.
ARTICLE 385.
Germany shall be bound to take suitable measures to remove
any obstacle or danger
to navigation, and to ensure the maintenance of good conditions
of navigation.
She shall not undertake any works of a nature to impede navigation
on the Canal
or its approaches.
ARTICLE 386.
In the event of violation of any of the conditions of Articles
380 to 386, or of
disputes as to the interpretation of these Articles, any interested
Power can
appeal to the jurisdiction instituted for the purpose by the League
of Nations.
In order to avoid a reference of small questions to the League
of Nations,
Germany will establish a local authority at Kiel qualified to
deal with disputes
in the first instance and to give satisfaction so far as possible
to complaints
which may be presented through the consular representatives of
the interested
Powers.
PART XIII.
LABOUR.
SECTION I.
ORGANISATION OF LABOUR.
Whereas the League of Nations has for its object the establishment
of universal
peace, and such a peace can be established only if it is based
upon social
justice;
And whereas conditions of labour exist involving such injustice,
hardship, and
privation to large numbers of people as to produce unrest so great
that the peace
and harmony of the world are imperilled; and an improvement of
those conditions
is urgently required: as, for example, by the regulation of the
hours of work,
including the establishment of a maximum working day and week,
the regulation of
the labour supply, the prevention of unemployment, the provision
of an adequate
living wage, the protection of the worker against sickness, disease
and injury
arising out of his employment, the protection of children, young
persons and
women, provision for old age and injury, protection of the interests
of workers
when employed in countries other than their own recognition of
the principle of
freedom of association, the organisation of vocational and technical
education
and other measures;
Whereas also the failure of any nation to adopt humane conditions
of labour is an
obstacle in the way of other nations which desire to improve the
conditions in
their own countries;
The HIGH CONTRACTING PARTIES, moved by sentiments of justice
and humanity as well
as by the desire to secure the permanent peace of the world, agree
to the
following:
CHAPTER l.
ORGANISATION.
ARTICLE 387.
A permanent organisation is hereby established for the promotion
of the objects
set forth in the Preamble.
The original Members of the League of Nations shall be the
original Members of
this organisation, and hereafter membership of the League of Nations
shall carry
with it membership of the said organisation.
ARTICLE 388.
The permanent organisation shall consist of:
(1) a General Conference of Representatives of the Members
and,
(2) an International Labour Office controlled by the Governing
Body described in
Article 393.
ARTICLE 389.
The meetings of the General Conference of Representatives of
the Members shall be
held from time to time as occasion may require, and at least once
in every year.
It shall be composed of four Representatives of each of the Members,
of whom two
shall be Government Delegates and the two others shall be Delegates
representing
respectively the employers and the workpeople of each of the Members.
Each Delegate may be accompanied by advisers, who shall not
exceed two in number
for each item on the agenda of the meeting. When questions specially
affecting
women are to be considered by the Conference, one at least of
the advisers should
be a woman.
The members undertake to nominate non-Government Delegates
and advisers chosen in
agreement with the industrial organisations, if such organisations
exist, which
are most representative of employers or workpeople, as the case
may be, in their
respective countries.
Advisers shall not speak except on a request made by the Delegate
whom they
accompany and by the special authorisation of the President of
the Conference,
and may not vote.
A Delegate may by notice in writing addressed to the President
appoint one of his
advisers to act as his deputy, and the adviser, while so acting,
shall be allowed
to speak and vote.
The names of the Delegates and their advisers will be communicated
to the
International Labour Office by the Government of each of the Members.
The credentials of Delegates and their advisers shall be subject
to scrutiny by
the Conference, which may, by two-thirds of the votes cast by
the Delegates
present, refuse to admit any Delegate or adviser whom it deems
not to have been
nominated in accordance with this Article.
ARTICLE 390.
Every Delegate shall be entitled to vote individually on all
matters which are
taken into consideration by the Conference.
If one of the Members fails to nominate one of the nonGovernment
Delegates whom
it is entitled to nominate, the other non-Government Delegate
shall be allowed to
sit and speak at the Conference, but not to vote.
If in accordance with Article 389 the Conference refuses admission
to a Delegate
of one of the Members, the provisions of the present Article shall
apply as if
that Delegate had not been nominated.
ARTICLE 391.
The meetings of the Conference shall be held at the seat of
the League of
Nations, or at such other place as may be decided by the Conference
at a previous
meeting by two-thirds of the votes cast by the Delegates present.
ARTICLE 392.
The International Labour Office shall be established at the
seat of the League of
Nations as part of the organisation of the League.
ARTICLE 393
The International Labour Office shall be under the control
of a Governing Body
consisting of twenty-four persons, appointed in accordance with
the following
provisions:
The Governing Body of the International Labour Office shall
be constituted as
follows:
Twelve persons representing the Governments;
Six persons elected by the Delegates to the Conference representing
the
employers;
Six persons elected by the Delegates to the Conference representing
the workers.
Of the twelve persons representing the Governments eight shall
be nominated by
the Members which are of the chief industrial importance, and
four shall be
nominated by the Members selected for the purpose by the Government
Delegates to
the Conference, excluding the Delegates of the eight Members mentioned
above.
Any question as to which are the Members of the chief industrial
importance shall
be decided by the Council of the League of Nations.
The period of office of the Members of the Governing Body will
be three years.
The method of filling vacancies and other similar questions may
be determined by
the Governing Body subject to the approval of the Conference.
The Governing Body shall, from time to time, elect one of its
members to act as
its Chairman, shall regulate its own procedure and shall fix its
own times of
meeting. A special meeting shall be held if a written request
to that effect is
made by at least ten members of the Governing Body.
ARTICLE 394.
There shall be a Director of the International Labour Office,
who shall be
appointed by the Governing Body, and, subject to the instructions
of the
Governing Body, shall be responsible for the efficient conduct
of the
International Labour Office and for such other duties as may be
assigned to him.
The Director or his deputy shall attend all meetings of the
Governing Body.
ARTICLE 395.
The staff of the International Labour Office shall be appointed
by the Director
who shall, so far as is possible with due regard to the efficiency
of the work of
the Office, select persons of different nationalities A certain
number of these
persons shall be women.
ARTICLE 396.
The functions of the International Labour Office shall include
the collection and
distribution of information on all subjects relating to the international
adjustment of conditions of industrial life and labour, and particularly
the
examination of subjects which it is proposed to bring before the
Conference with
a view to the conclusion of international conventions, and the
conduct of such
special investigations as may be ordered by the Conference.
It will prepare the agenda for the meetings of the Conference.
It will carry out the duties required of it by the provisions
of this Part of the
present Treaty in connection with international disputes.
It will edit and publish in French and English, and in such
other languages as
the Governing Body may think desirable, a periodical paper dealing
with problems
of industry and employment of international interest.
Generally, in addition to the functions set out in this Article,
it shall have
such other powers and duties as may be assigned to it by the Conference.
ARTICLE 397.
The Government Departments of any of the Members which deal
with questions of
industry and employment may communicate directly with the Director
through the
Representative of their Government on the Governing Body of the
International
Labour Office, or failing any such Representative, through such
other qualified
official as the Government may nominate for the purpose.
ARTICLE 398.
The International Labour Office shall be entitled to the assistance
of the
Secretary-General of the League of Nations in any matter in which
it can be
given.
ARTICLE 399.
Each of the Members will pay the travelling and subsistence
expenses of its
Delegates and their advisers and of its Representatives attending
the meetings of
the Conference or Governing Body, as the case may be.
All the other expenses of the International Labour Office and
of the meetings of
the Conference or Governing Body shall be paid to the Director
by the
Secretary-General of the League of Nations out of the general
funds of the
League.
The Director shall be responsible to the Secretary-General
of the League for the
proper expenditure of all moneys paid to him in pursuance of this
Article.
CHAPTER II.
PROCEDURE .
ARTICLE 400.
The agenda for all meetings of the Conference will be settled
by the Governing
Body, who shall consider any suggestion as to the agenda that
may be made by the
Government of any of the Members or by any representative organisation
recognised
for the purpose of Article 389.
ARTICLE 401.
The Director shall act as the Secretary of the Conference,
and shall transmit the
agenda so as to reach the Members four months before the meeting
of the
Conference, and, through them, the non-Government Delegates when
appointed.
ARTICLE 402.
Any of the Governments of the Members may formally object to
the inclusion of any
item or items in the agenda. The grounds for such objection shall
be set forth in
a reasoned statement addressed to the Director, who shall circulate
it to all the
Members of the Permanent Organisation.
Items to which such objection has been made shall not, however,
be excluded from
the agenda, if at the Conference a majority of two-thirds of the
votes cast by
the Delegates present is in favour of considering them.
If the Conference decides (otherwise than under the preceding
paragraph) by
two-thirds of the votes cast by the Delegates present that any
subject shall be
considered by the Conference, that subject shall be included in
the agenda for
the following meeting.
ARTICLE 403.
The Conference shall regulate its own procedure, shall elect
its own President,
and may appoint committees to consider and report on any matter.
Except as otherwise expressly provided in this Part of the
present Treaty, all
matters shall be decided by a simple majority of the votes cast
by the Delegates
present.
The voting is void unless the total number of votes cast is
equal to half the
number of the Delegates attending the Conference.
ARTICLE 404.
The Conference may add to any committees which it appoints
technical experts, who
shall be assessors without power to vote.
ARTICLE 405.
When the Conference has decided on the adoption of proposals
with regard to an
item in the agenda, it will rest with the Conference to determine
whether these
proposals should take the form: (a) of a recommendation to be
submitted to the
Members for consideration with a view to effect being given to
it by national
legislation or otherwise, or (b) of a draft international convention
for
ratification by the Members.
In either case a majority of two-thirds of the votes cast by
the Delegates
present shall be necessary on the final vote for the adoption
of the
recommendation or draft convention, as the case may be, by the
Conference.
In framing any recommendation or draft convention of general
application the
Conference shall have due regard to those countries in which climatic
conditions,
the imperfect development of industrial organisation or other
special
circumstances make the industrial conditions substantially different
and shall
suggest the modifications, if any, which it considers may be required
to meet the
case of such countries.
A copy of the recommendation or draft convention shall be authenticated
by the
signature of the President of the Conference and of the Director
and shall be
deposited with the Secretary-General of the League of Nations.
The
Secretary-General will communicate a certified copy of the recommendation
or
draft convention to each of the members.
Each of the Members undertakes that it will, within the period
of one year at
most from the closing of the session of the Conference, or if
it is impossible
owing to exceptional circumstances to do so within the period
of one year, then
at the earliest practicable moment and in no case later than eighteen
months from
the closing of the session of the Conference, bring the recommendation
or draft
convention before the authority or authorities within whose competence
the matter
lies, for the enactment of legislation or other action.
In the case of a recommendation, the Members will inform the
Secretary-General of
the action taken.
In the case of a draft convention, the Member will, if it obtains
the consent of
the authority or authorities within whose competence the matter
lies, communicate
the formal ratification of the convention to the Secretary-General
and will take
such action as may be necessary to make effective the provisions
of such
convention.
If on a recommendation no legislative or other action is taken
to make a
recommendation effective, or if the draft convention fails to
obtain the consent
of the authority or authorities within whose competence the matter
lies, no
further obligation shall rest upon the Member.
In the case of a federal State, the power of which to enter
into conventions on
labour matters is subject to limitations, it shall be in the discretion
of that
Government to treat a draft convention to which such limitations
apply as a
recommendation only, and the provisions of this Article with respect
to
recommendations shall apply in such case.
The above Article shall be interpreted in accordance with the
following
principle:
In no case shall any Member be asked or required, as a result
of the adoption of
any recommendation or draft convention by the Conference, to lessen
the
protection afforded by its existing legislation to the workers
concerned.
ARTICLE 406.
Any convention so ratified shall be registered by the Secretary-General
of the
League of Nations, but shall only be binding upon the Members
which ratify it.
ARTICLE 407.
If any convention coming before the Conference for final consideration
fails to
secure the support of two-thirds of the votes cast by the Delegates
present, it
shall nevertheless be within the right of any of the Members of
the Permanent
Organisation to agree to such convention among themselves.
Any convention so agreed to shall be communicated by the Governments
concerned to
the Secretary-General of the League of Nations, who shall register
it.
ARTICLE 408.
Each of the Members agrees to make an annual report to the
International Labour
Office on the measures which it has taken to give effect to the
provisions of
conventions to which it is a party. These reports shall be made
in such form and
shall contain such particulars as the Governing Body may request.
The Director
shall lay a summary of these reports before the next meeting of
the Conference.
ARTICLE 409.
In the event of any representation being made to the International
Labour Office
by an industrial association of employers or of workers that any
of the members
has failed to secure in any respect the effective observance within
its
jurisdiction of any convention to which it is a party, the Governing
Body may
communicate this representation to the Government against which
it is made and
may invite that Government to make such statement on the subject
as it may think
fit.
ARTICLE 410.
If no statement is received within a reasonable time from the
Government in
question, or if the statement when received is not deemed to be
satisfactory by
the Governing Body, the latter shall have the right to publish
the representation
and the statement, if any, made in reply to it.
ARTICLE 411.
Any of the Members shall have the right to file a complaint
with the
International Labour Office if it is not satisfied that any other
Member is
securing the effective observance of any convention which both
have ratified in
accordance with the foregoing Articles.
The Governing Body may, if it thinks fit, before referring
such a complaint to a
Commission of Enquiry, as hereinafter provided for, communicate
with the
Government in question in the manner described in Article 409.
If the Governing Body does not think it necessary to communicate
the complaint to
the Government in question, or if, when they have made such communication,
no
statement in reply has been received within a reasonable time
which the Governing
Body considers to be satisfactory, the Governing Body may apply
for the
appointment of a Commission of Enquiry to consider the complaint
and to report
thereon.
The Governing Body may adopt the same procedure either of its
own motion or on
receipt of a complaint from a Delegate to the Conference.
When any matter arising out of Articles 410 or 411 is being
considered by the
Governing Body, the Government in question shall, if not already
represented
thereon, be entitled to send a representative to take part in
the proceedings of
the Governing Body while the matter is under consideration. Adequate
notice of
the date on which the matter will be considered shall be given
to the Government
in question.
ARTICLE 412.
The Commission of Enquiry shall be constituted in accordance
with the following
provisions:
Each of the Members agrees to nominate within six months of
the date on which the
present Treaty comes into force three persons of industrial experience,
of whom
one shall be a representative of employers, one a representative
of workers, and
one a person of independent standing, who shall together form
a panel from which
the Members of the Commission of Enquiry shall be drawn.
The qualifications of the persons so nominated shall be subject
to scrutiny by
the Governing Body, which may be two-thirds of the votes cast
by the
representatives present refuse to accept the nomination of any
person whose
qualifications do not in its Opinion comply with the requirements
of the present
Article.
Upon the application of the Governing Body, the Secretary-General
of the League
of Nations shall nominate three persons one from each section
of this panel, to
constitute the Commission of Enquiry, and shall designate one
of them as the
President of the Commission. None of these three persons shall
be a person
nominated to the panel by any Member directly concerned in the
complaint.
ARTICLE: 413.
The Members agree that, in the event of the reference of a
complaint to a
Commission of Enquiry under Article 411, they will each, whether
directly
concerned in the complaint or not, place at the disposal of the
Commission all
the information in their possession which bears upon the subject-matter
of the
complaint.
ARTICLE 414.
When the Commission of Enquiry has fully considered the complaint,
it shall
prepare a report embodying its findings on all questions of fact
relevant to
determining the issue between the parties and containing such
recommendations as
it may think proper as to the steps which should be taken to meet
the complaint
and the time within which they should be taken.
It shall also indicate in this report the measures, if any,
of an economic
character against a defaulting Government which it considers to
be appropriate,
and which it considers other Governments would be justified in
adopting.
ARTICLE 415.
The Secretary-General of the League of Nations shall communicate
the report of
the Commission of Enquiry to each of the Governments concerned
in the complaint,
and shall cause it to be published.
Each of these Governments shall within one month inform the
Secretary-General of
the League of Nations whether or not it accepts the recommendations
contained in
the report of the Commission- and if not, whether it proposes
to refer the
complaint to the Permanent Court of International Justice of the
League of
Nations.
ARTICLE 416.
In the event of any Member failing to take the action required
by Article 405,
with regard to a recommendation or draft Convention, any other
Member shall be
entitled to refer the matter to the Permanent Court of International
Justice.
ARTICLE 417.
The decision of the Permanent Court of International Justice
in regard to a
complaint or matter which has been referred to it in pursuance
of Article 415 or
Article 416 shall be final.
ARTICLE 4l8.
The Permanent Court of International Justice may affirm, vary
or reverse any of
the findings or recommendations of the Commission of Enquiry,
if any, and shall
in its decision indicate the measures, if any, of an economic
character which it
considers to be appropriate, and which other Governments would
be justified in
adopting against a defaulting Government.
ARTICLE 4l9.
In the event of any Member failing to carry out within the
time specified the
recommendations, if any, contained in the report of the Commission
of Enquiry, or
in the decision of the Permanent Court of International Justice,
as the case may
be, any other Member may take against that Member the measures
of an economic
character indicated in the report of the Commission or in the
decision of the
Court as appropriate to the case.
ARTICLE 420.
The defaulting Government may at any time inform the Governing
Body that it has
taken the steps necessary to comply with the recommendations of
the Commission of
Enquiry or with those in the decision of the Permanent Court of
International
Justice, as the case may be, and may request it to apply to the
Secretary-General
of the League to constitute a Commission of Enquiry to verify
its contention. In
this case the provisions of Articles 412, 413, 414, 415, 417 and
418 shall apply,
and if the report of the Commission of Enquiry or the decision
of the Permanent
Court of International Justice is in favour of the defaulting
Government, the
other Governments shall forthwith discontinue the measures of
an economic
character that they have taken against the defaulting Government.
CHAPTER III.
GENERAL PRESCRIPTIONS.
ARTICLE 421.
The Members engage to apply conventions which they have ratified
in accordance
with the provisions of this Part of the present Treaty to their
colonies,
protectorates and possessions which are not fully self-governing:
(1) Except where owing to the local conditions the convention
is inapplicable, or
(2) Subject to such modifications as may be necessary to adapt
the convention to
local conditions.
And each of the Members shall notify to the International Labour
Office the
action taken in respect of each of its colonies, protectorates
and possessions
which are not fully self-governing.
ARTICLE 422.
Amendments to this Part of the present Treaty which are adopted
by the Conference
by a majority of two-thirds of the votes cast by the Delegates
present shall take
effect when ratified by the States whose representatives compose
the Council of
the League of Nations and by three-fourths of the Members.
ARTICLE 423.
Any question or dispute relating to the interpretation of this
Part of the
present Treaty or of any subsequent convention concluded by the
Members in
pursuance of the provisions of this Part of the present Treaty
shall be referred
for decision to the Permanent Court of International Justice.
CHAPTER IV.
TRANSITORY PROVISIONS.
ARTICLE 424.
The first meeting of the Conference shall take place in October,
1919. The place
and agenda for this meeting shall be as specified in the Annex
hereto.
Arrangements for the convening and the organisation of the
first meeting of the
Conference will be made by the Government designated for the purpose
in the said
Annex. That Government shall be assisted in the preparation of
the documents for
submission to the Conference by an International Committee constituted
as
provided in the said Annex.
The expenses of the first meeting and of all subsequent meetings
held before the
League of Nations has been able to establish a general fund, other
than the
expenses of Delegates and their advisers, will be borne by the
Members in
accordance with the apportionment of the expenses of the International
Bureau of
the Universal Postal Union.
ARTICLE 425.
Until the League of Nations has been constituted all communications
which under
the provisions of the foregoing Articles should be addressed to
the
Secretary-General of the League will be preserved by the Director
of the
International Labour Office, who will transmit them to the Secretary-General
of
the League.
ARTICLE 426.
Pending the creation of a Permanent Court of International
Justice disputes which
in accordance with this Part of the present Treaty would be submitted
to it for
decision will be referred to a tribunal of three persons appointed
by the Council
of the League of Nations.
ANNEX.
FIRST MEETING OF ANNUAL LABOUR CONFERENCE, 1919.
The place of meeting will be Washington.
The Government of the United States of America is requested
to convene the
Conference.
The International Organising Committee will consist of seven
Members, appointed
by the United States of America, Great Britain, France, Italy,
Japan, Belgium and
Switzerland. The Committee may, if it thinks necessary, invite
other Members to
appoint representatives.
Agenda:
(1) Application of principle of the 8-hours day or of the 48-hours
week.
(2) Question of preventing or providing against unemployment.
(3) Women's employment:
(a) Before and after child-birth, including the question of
maternity benefit;
(b) During the night;
(c) In unhealthy processes.
(4) Employment of children:
(a) Minimum age of employment;
(b) During the night;
(c) In unhealthy processes.
(5) Extension and application of the International Conventions
adopted at Berne
in 1906 on the prohibition of night work for women employed in
industry and the
prohibition of the use of white phosphorus in the manufacture
of matches.
SECTION II.
GENERAL PRINCIPLES.
ARTICLE 427.
The High Contracting Parties, recognising that the well-being,
physical, moral
and intellectual, of industrial wage-earners is of supreme international
importance, have framed, in order to further this great end, the
permanent
machinery provided for in Section l and associated with that of
the League of
Nations.
They recognise that differences of climate, habits, and customs,
of economic
opportunity and industrial tradition, make strict uniformity in
the conditions of
labour difficult of immediate attainment. But, holding as they
do, that labour
should not be regarded merely as an article of commerce, they
think that there
are methods and principles for regulating labour conditions which
all industrial
communities should endeavour to apply, so far as their special
circumstances will
permit.
Among these methods and principles, the following seem to the
High Contracting
Parties to be of special and urgent importance:
First.­The guiding principle above enunciated that labour
should not be regarded
merely as a commodity or article of commerce.
Second.­The right of association for all lawful purposes
by the employed as well
as by the employers.
Third.­The payment to the employed of a wage adequate to
maintain a reasonable
standard of life as this is understood in their time and country.
Fourth.­The adoption of an eight hours day or a forty-eight
hours week as the
standard to be aimed at where it has not already been attained.
Fifth.­The adoption of a weekly rest of at least twenty-four
hours, which should
include Sunday wherever practicable.
Sixth.­The abolition of child labour and the imposition
of such limitations on
the labour of young persons as shall permit the continuation of
their education
and assure their proper physical development.
Seventh.­The principle that men and women should receive
equal remuneration for
work of equal value.
Eighth.­The standard set by law in each country with respect
to the conditions of
labour should have due regard to the equitable economic treatment
of all workers
lawfully resident therein.
Ninth.­Each State should make provision for a system of
inspection in which women
should take part, in order to ensure the enforcement of the laws
and regulations
for the protection of the employed.
Without claiming that these methods and principles are either
complete or final,
the High Contracting Parties are of opinion that they are well
fitted to guide
the policy of the League of Nations; and that, if adopted by the
industrial
communities who are members of the League, and safeguarded in
practice by an
adequate system of such inspection, they will confer lasting benefits
upon the
wage-earners of the world.
PART XIV.
GUARANTEES.
SECTION I.
WESTERN EUROPE.
ARTICLE 428.
As a guarantee for the execution of the present Treaty by .
Germany, the German
territory situated to the west of the Rhine, together with the
bridgeheads, will
be occupied by Allied and Associated troops for a period of fifteen
years from
the coming into force of the present Treaty.
ARTICLE 429.
If the conditions of the present Treaty are faithfully carried
out by Germany,
the occupation referred to in Article 428 will be successively
restricted as
follows:
(1) At the expiration of five years there will be evacuated:
the bridgehead of
Cologne and the territories north of a line running along the
Ruhr, then along
the railway Julich, Duren, Euskirchen, Rheinbach, thence along
the road Rheinbach
to Sinzig, and reaching the Rhine at the confluence with the Ahr;
the roads,
railways and places mentioned above being excluded from the area
evacuated.
(2) At the expiration of ten years there will be evacuated:
the bridgehead of
Coblenz and the territories north of a line to be drawn from the
intersection
between the frontiers of Belgium, Germany and Holland, running
about from 4
kilometres south of Aix-la-Chapelle, then to and following the
crest of Forst
Gemund, then east of the railway of the Urft valley, then along
Blankenheim,
Valdorf, Dreis, Ulmen to and following the Moselle from Bremm
to Nehren, then
passing by Kappel and Simmern, then following the ridge of the
heights between
Simmern and the Rhine and reaching this river at Bacharach; all
the places
valleys, roads and railways mentioned above being excluded from
the area
evacuated.
(3) At the expiration of fifteen years there will be evacuated:
the bridgehead of
Mainz, the bridgehead of Kehl and the remainder of the German
territory under
occupation.
If at that date the guarantees against unprovoked aggression
by Germany are not
considered sufficient by the Allied and Associated Governments,
the evacuation of
the occupying troops may be delayed to the extent regarded as
necessary for the
purpose of obtaining the required guarantees.
ARTICLE 430.
In case either during the occupation or after the expiration
of the fifteen years
referred to above the Reparation Commission finds that Germany
refuses to observe
the whole or part of her obligations under the present Treaty
with regard to
reparation, the whole or part of the areas specified in Article
429 will be
reoccupied immediately by the Allied and Associated forces.
ARTICLE 431.
If before the expiration of the period of fifteen years Germany
complies with all
the undertakings resulting from the present Treaty, the occupying
forces will be
withdrawn immediately.
ARTICLE 432.
All matters relating to the occupation and not provided for
by the present Treaty
shall be regulated by subsequent agreements, which Germany hereby
undertakes to
observe.
SECTION II.
EASTERN EUROPE.
ARTICLE 433.
As a guarantee for the execution of the provisions of the present
Treaty, by
which Germany accepts definitely the abrogation of the Brest-Litovsk
Treaty, and
of all treaties, conventions and agreements entered into by her
with the
Maximalist Government in Russia, and in order to ensure the restoration
of peace
and good government in the Baltic Provinces and Lithuania, all
German troops at
present in the said territories shall return to within the frontiers
of Germany
as soon as the Governments of the Principal Allied and Associated
Powers shall
think the moment suitable, having regard to the internal situation
of these
territories. These troops shall abstain from all requisitions
and seizures and
from any other coercive measures, with a view to obtaining supplies
intended for
Germany, and shall in no way interfere with such measures for
national defence as
may be adopted by the Provisional Governments of Esthonia, Latvia,
and Lithuania.
No other German troops shall, pending the evacuation or after
the evacuation is
complete, be admitted to the said territories.
PART XV.
MISCELLANEOUS PROVISIONS.
ARTICLE 434.
Germany undertakes to recognise the full force of the Treaties
of Peace and
Additional Conventions which may be concluded by the Allied and
Associated Powers
with the Powers who fought on the side of Germany and to recognise
whatever
dispositions nay be made concerning the territories of the former
Austro-Hungarian Monarchy, of the Kingdom of Bulgaria and of the
Ottoman Empire,
and to recognise the new States within their frontiers as there
laid down.
ARTICLE 435.
The High Contracting Parties, while they recognise the guarantees
stipulated by
the Treaties of 1815, and especially by the Act of November 20,
l815, in favour
of Switzerland, the said guarantees constituting international
obligations for
the maintenance of peace, declare nevertheless that the provisions
of these
treaties, conventions, declarations and other supplementary Acts
concerning the
neutralized zone of Savoy, as laid down in paragraph 1 of Article
92 of the Final
Act of the Congress of Vienna and in paragraph 2 of Article 3
of the Treaty of
Paris of November 20, 1815, are no longer consistent with present
conditions. For
this reason the High Contracting Parties take note of the agreement
reached
between the French Government and the Swiss Government for the
abrogation of the
stipulations relating to this zone which are and remain abrogated.
The High Contracting Parties also agree that the stipulations
of the Treaties of
1815 and of the other supplementary Acts concerning the free zones
of Upper Savoy
and the Gex district are no longer consistent with present conditions,
and that
it is for France and Switzerland to come to an agreement together
with a view to
settling between themselves the status of these territories under
such conditions
as shall be considered suitable by both countries.
ANNEX.
I.
The Swiss Federal Council has informed the French Government
on May 5, 1919, that
after examining the provisions of Article 435 in a like spirit
of sincere
friendship it has happily reached the conclusion that it was possible
to
acquiesce in it under the following conditions and reservations:
(1) The neutralised zone of Haute-Savoie:
(a) It will be understood that as long as the Federal Chambers
have not ratified
the agreement come to between the two Governments concerning the
abrogation of
the stipulations in respect of the neutralised zone of Savoy,
nothing will be
definitively settled, on one side or the other, in regard to this
subject.
(b) The assent given by the Swiss Government to the abrogation
of the above
mentioned stipulations presupposes, in conformity with the text
adopted, the
recognition of the guarantees formulated in favour of Switzerland
by the Treaties
of 1815 and particularly by the Declaration of November 20, 1815.
(c) The agreement between the Governments of France and Switzerland
for the
abrogation of the above mentioned stipulations will only be considered
as valid
if the Treaty of Peace contains this Article in its present wording.
In addition
the Parties to the Treaty of Peace should endeavour to obtain
the assent of the
signatory Powers of the Treaties of 1815 and of the Declaration
of November 20,
1815, which are not signatories of the present Treaty of Peace.
(2) Free zone of Haute-Savoie and the district of Gex:
(a) The Federal Council makes the most express reservations
to the interpretation
to be given to the statement mentioned in the last paragraph of
the above Article
for insertion in the Treaty of Peace, which provides that ,,the
stipulations of
the Treaties of 1815 and other supplementary acts concerning the
free zones of
Haute-Savoie and the Gex district are no longer consistent with
present
conditions.,, The Federal Council would not wish that its acceptance
of the above
wording should lead to the conclusion that it would agree to the
suppression of a
system intended to give neighbouring territory the benefit of
a special regime
which is appropriate to the geographical and economical situation
and which has
been well tested.
In the opinion of the Federal Council the question is not the
modification of the
customs system of the zones as set up by the Treaties mentioned
above, but only
the regulation in a manner more appropriate to the economic conditions
of the
present day of the terms of the exchange of goods between the
regions in
question. The Federal Council has been led to make the preceding
observations by
the perusal of the draft Convention concerning the future constitution
of the
zones which was annexed to the note of April 26 from the French
Government. While
making the above reservations the Federal Council declares its
readiness to
examine in the most friendly spirit any proposals which the French
Government may
deem it convenient to make on the subject.
(b) It is conceded that the stipulations of the Treaties of
1815 and other
supplementary acts relative to the free zones will remain in force
until a new
arrangement is come to between France and Switzerland to regulate
matters in this
territory.
II.
The French Government have addressed to the Swiss Government,
on May 18, 1919,
the following note in reply to the communication set out in the
preceding
paragraph:
In a note dated May 5 the Swiss Legation in Paris was good
enough to inform the
Government of the French Republic that the Federal Government
adhered to the
proposed Article to be inserted in the Treaty of Peace between
the Allied and
Associated Governments and Germany.
The French Government have taken note with much pleasure of
the agreement thus
reached, and, at their request, the proposed Article, which had
been accepted by
the Allied and Associated Governments, has been inserted under
No. 435 in the
Peace conditions presented to the German Plenipotentiaries.
The Swiss Government, in their note of May 5 on this subject,
have expressed
various views and reservations.
Concerning the observations relating to the free zones of Haute-Savoie
and the
Gex district, the French Government have the honour to observe
that the
provisions of the last paragraph of Article 435 are so clear that
their purport
cannot be misapprehended, especially where it i
