Treaty of Peace Between the Allied and Associated Powers and Bulgaria, and Protocol and Declaration signed at Neuilly-sur-Seine,27 November 1919
TREATY OF NEUILLY, AND PROTOCOL THE UNITED STATES OF AMERICA, THE BRITISH EMPIRE, FRANCE, ITALY and JAPAN.These Powers being described in the present Treaty as the Principal Allied and Associated Powers;BELGIUM, CHINA, CUBA, GREECE, THE HEDJAZ, POLAND, PORTUGAL, ROUMANIA, THE SERB-CROAT-SLOVENE STATE, SIAM and CZECHO-SLOVAKIA,These Powers constituting, with the Principal Powers mentioned above, the Allied and Associated Powers,
of the one part;
And BULGARIA,
of the other part;
Whereas on the request of the Royal Government of Bulgaria an Armistice was granted to Bulgaria on September 29, 1918, by the Principal Allied and Associated Powers in order that a Treaty of Peace might be concluded, and
Whereas the Allied and Associated Powers are equally desirous that the war in which certain among them were successively involved, directly or indirectly, against Bulgaria, and which originated in the declaration of war against Serbia on July 28, 1914, by Austria-Hungary, and in the hostilities opened by Bulgaria against Serbia on October 11, 1915, and conducted by Germany in alliance with Austria-Hungary, with Turkey and with Bulgaria, should be replaced by a firm, just and durable Peace,
For this purpose the HIGH CONTRACTING PARTIES have appointed as their Plenipotentiaries:
THE PRESIDENT OF THE UNITED STATES OF AMERICA:The Honourable Frank Lyon POLK, Under-Secretary of State;The Honourable Henry WHITE, formerly Ambassador Extraordinary and Plenipotentiary of the United States at Rome and Paris;General Tasker H. BLISS, Military Representative of the United States on the Supreme War Council;
HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AND OF THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:Mr. Cecil HARMSWORTH, M.P., Under-Secretary of State for Foreign Affairs;Sir Eyre CROWE, K.C.B., K.C.M.G., Minister Plenipotentiary, Assistant Under-Secretary of State for Foreign Affairs;Andfor the DOMINION of CANADA:The Honourable Sir George Halsey PERLEY, K.C.M.G., High Commissioner for Canada in the United Kingdom;for the COMMONWEALTH of AUSTRALIA:The Right Honourable Andrew FISHER, High Commissioner for Australia in the United Kingdom;for the UNION of SOUTH AFRICA:Mr. Reginald Andrew BLANKENBERG, O.B.E., Acting High Commissioner for the Union of South Africa in the United Kingdom;for the DOMINION of NEW ZEALAND:The Honourable Sir Thomas MACKENZIE, K.C.M.G., High Commissioner for New Zealand in the United Kingdom;for INDIA:Sir Eyre CROWE, K.C.B., K.C.M.G.
THE PRESIDENT OF THE FRENCH REPUBLIC:Mr. Georges CLEMENCEAU, President of the Council, Minister of War;Mr. Stephen PICHON, Minister for Foreign Affairs;Mr. Louis-Lucien KLOTZ, Minister of Finance;Mr. Andre TARDIEU, Commissary General for Franco-American Military Affairs;Mr. Jules CAMBON, Ambassador of France;
HIS MAJESTY THE KING OF ITALY:The Honourable Maggiorino FERRARIS, Senator of the Kingdom;The Honourable Guglielmo MARCONI, Senator of the Kingdom;Sir Giacomo de MARTINO, Envoy Extraordinary and Minister Plenipotentiary;
HIS MAJESTY THE EMPEROR OF JAPAN:Mr. K. MATSUI, Ambassador Extraordinary and Plenipotentiary of H.M. the Emperor of Japan at Paris;
HIS MAJESTY THE KING OF THE BELGIANS:Mr. Jules van den HEUVEL, Envoy Extraordinary and Minister Plenipotentiary, Minister of State;Mr. ROLIN-JAEQUEMYNS, Member of the Institute of Private International Law, Secretary-General of the Belgian Delegation;
THE PRESIDENT OF THE CHINESE REPUBLIC:Mr. Vikyuin Wellington Koo;Mr. Sao-ke Alfred SZE;
THE PRESIDENT OF THE CUBAN REPUBLIC:Dr. Rafael Martinez ORTIZ, Envoy Extraordinary and Minister Plenipotentiary of the Cuban Republic at Paris;
HIS MAJESTY THE KING OF THE HELLENES;Mr. Elefthérios VENISÉLOS, President of the Council of Ministers;Mr. Nicolas POLITIS, Minister for Foreign Affairs;
HIS MAJESTY THE KING OF THE HEDJAZ:Mr. Rustem HAIDAR;Mr. Abdul Hadi AOUNI;
THE PRESIDENT OF THE POLISH REPUBLIC:Mr. Ladislas GRABSKI;Mr. Stanislas PATEK, Minister Plenipotentiary;
THE PRESIDENT OF THE PORTUGUESE REPUBLIC:Dr. Affonso DA COSTA, formerly President of the Council of Ministers;Mr. Jayme BATALHA REIS, Minister Plenipotentiary,
HIS MAJESTY THE KING OF ROUMANIA:Mr. Victor ANTONESCO, Envoy Extraordinary and Minister Plenipotentiary of H.M. the King of Roumania at Paris;General Constantin COANDA, Corps Commander, A.D.C. to the King, formerly President of the Council of Ministers;
HIS MAJESTY THE KING OF THE SERBS, THE CROATS, AND THE SLOVENES:Mr. Nicolas P. PACHITCH, formerly President of the Council of Ministers;Mr. Ante TRUMBIĆ, Minister for Foreign Affairs;Mr. IVAN ZOLGER, Doctor of Law;
HIS MAJESTY THE KING OF SIAM:His Highness Prince CHAROON, Envoy Extraordinary and Minister Plenipotentiary of H.M. the King of Siam at Paris;
THE PRESIDENT OF THE CZECHO-SLOVAK REPUBLIC:Mr. Eduard BENES, Minister for Foreign Affairs;Mr. Stephen OSUSKY, Envoy Extraordinary and Minister Plenipotentiary of the Czecho-Slovak Republic at London;
BULGARIA:Mr. Alexander STAMABOLISKI, President of the Council of Ministers, Minister of War;
WHO, having communicated their full powers, found in good and due form, have AGREED AS FOLLOWS:
From the coming into force of the present Treaty the state of war will terminate.
From that moment, and subject to the provisions of the present Treaty, official relations will exist between the Allied and Associated Powers and Bulgaria.
PART I.
THE COVENANT OF THE LEAGUE OF NATIONS.ARTICLES 1 TO 26 AND ANNEX(See Part 1, Treaty of Versailless, Pages 10-23.)
PART II.
FRONTIERS OF BULGARIA.
ARTICLE 27.
The frontiers of Bulgaria shall be fixed as follows:
I. With the Serb-Croat-Slovene State:
Fom the confluence of the Timok and the Danube, which is the point common to the three frontiers of Bulgaria, Roumania and the Serb-Croat-Slovene State, southwards to a point to be selected on the course of the Timok near point 38 west of Bregovo,
the course of the Timok upstream;thence south-westwards to the point east of Vk. Izvor, where the old frontier between Serbia and Bulgaria meets the river Bezdanica,
a line to be fixed on the ground passing through points 274 and 367, following generally the watershed between the basins of the Timok on the north-west and the Delejna and Topolovitsa on the south-east, leaving to the Serb-Croat-Slovene State Kojilovo, Sipikovo and Halovo with the road connecting the two latter places, and to Bulgaria Bregovo, Rakitnica and Kosovo;
thence southwards to point 1
720, about 12 kilometres west- south-west of Berkovitsa,
the old frontier between Bulgaria and Serbia;
thence south-eastwards for about 134 kilometres to point 1929 (Srebrena gl.),
a line to be fixed on the crest of the Kom Balkan;
thence south-south-westwards to point l109, on the Vidlic Gora south of Vlkovija,
a line to be fixed on the ground passing through points 1602 and 1344, passing east of Grn. Krivodol and crossing the river Komstica about 1 1/2 kilometres above Dl. Krivodol;
thence to a point on the Tsaribrod-Sofiya road immediately west of its junction with the road to Kalotina,
a line to be fixed on the ground passing east of Mozgos, west of Staninci, east of Brebevnica and through point 738 north-east of Lipinci;
thence west-south-westwards to a point to be selected on the course of the river Lukavica about l,l00 metres north-east of Slivnica,
a line to be fixed on the ground;
thence southwards to the confluence, west of Visan, of the Lukavica with the stream on which Dl. Nevlja is situated,
the course of the Lukavica upstream;
thence south-westwards to the confluence of a stream with the Jablanica, west of Vrabca,
a line to be fixed on the ground passing through point 879 and cutting the road from Trn to Tsaribrod immediately south of the junction of this road with the direct road from Trn to Pirot;
thence northwards to the confluence of the Jablanica and the Jerma (Trnska),
the course of the Jablanica;
thence westwards to a point to be selected on the old frontier at the salient near Descani Kladenac,
a line to be fixed on the ground following the crest of the Ruj Planina and passing through points 1199,1466, and 1706;
thence south-westwards to point 1516 (Golema Rudina) about 17 kilometres west of Trn,
the old Serb-Bulgarian frontier;
thence southwards to a point to be selected on the river Jerma (Trnska) east of Strezimirovci,
a line to be fixed on the ground;
thence southwards to the river Dragovishtitsa immediately below the confluence of rivers near point 672,
a line to be fixed on the ground passing west of Dzincovci, through points 1112 and 1329, following the watershed between the basins of the rivers Bozicka and Meljanska and passing through points 1731, 1671, 1730 and 1058;
thence south-westwards to the old Serb-Bulgarian frontier at point 1333, about l0 kilometres north-west of the point where the road from Kriva (Egri)-Palanka to Kyustendil cuts this frontier,
a line to be fixed on the ground following the watershed between the Dragovishtitsa on the north-west and the Lomnica and Sovolstica on the south-east;
thence south-eastwards to point 1445 on the Males Planina south-west of Dobrilaka,
the old Serb-Bulgarian frontier;
thence south-south-westwards to Tumba (point 1253) on the Belashitza Planina, the point of junction of the three frontiers of Greece, Bulgaria and the Serb-Croat-Slovene State, a line to be fixed on the ground passing through point 1600 on the Ograjden Planina, passing east of Stinek and Badilen, west of Bajkovo, cutting the Strumitsa about 3 kilometres east of point 177, and passing east of Gabrinovo.
2. With Greece:
From the point defined above eastwards to the point where it leaves the watershed between the basins of the Mesta-Karasu on the south and the Maritsa (Marica) on the north near point 1587 (Dibikli),
the frontier of 1913 between Bulgaria and Greece,
3. On the South, with territories which shall be subsequently attributed by the Principal Allied and Associated Powers:
Thence eastwards to point 1295 situated about 18 kilometres west of Kuchuk-Derbend
a line to be fixed on the ground following the watershed between the basin of the Maritsa on the north, and the basins of the Mesta-Karasu and the other rivers which flow directly into the Ægean Sea on the south;
thence eastwards to a point to be chosen on the frontier of 1913 between Bulgaria and Turkey about 4 kilometres north of Kuchuk-Derbend,
a line to be fixed on the ground following as nearly as possible the crest line forming the southern limit of the basin of the Akcehisar (Dzuma) Suju;
thence northwards to the point where it meets the river Maritsa,
the frontier of 1913;
thence to a point to be chosen about 3 kilometres below the railway station of Hadi-K. (Kadiko;),
the principal course of the Maritsa downstream;
thence northwards to a point to be chosen on the apex of the salient formed by the frontier of the Treaty of Sofia, 1915, about 10 kilometres east-south-east of Jisr Mustafa Pasha,
a line to be fixed on the ground;
thence eastwards to the Black Sea,
the frontierof the Treaty of Sofia, 1915, then the frontier of 1913.
4 The Black Sea.
5. With Roumania:
From the Black Sea to the Danube,
the frontier existing on August 1, 1914;
thence to the confluence of the Timok and the Danube,
the principal channel of navigation of the Danube upstream.
ARTICLE 28.
The frontiers described by the present Treaty are traced, for such parts as are defined, on the one-in-a-million map attached to the present Treaty. In case of differences between the text and the map, the text will prevail. [See Introduction ]
ARTICLE 29.
Boundary Commissions, whose composition is or will be fixed in the present Treaty or any other Treaty between the Principal Allied and Associated Powers and the, or any, interested Powers, will have to trace these frontiers on the ground.
They shall have the power, not only of fixing those portions which are defined as “a line to be fixed on the ground,” but also, where a request to that effect is made by one of the Powers concerned, and the Commission is satisfied that it is desirable to do so, of revising portions defined by administrative boundaries; this shall not, however, apply in the case of international frontiers existing in August, 1914, where the task of the Commission will confine itself to the re-establishment of sign-posts and boundary-marks. They shall endeavour in both cases to follow as nearly as possible the descriptions given in the Treaties, taking into account as far as possible administrative boundaries and local economic interests.
The decisions of the Commissions will be t
aken by a majority, and shall be binding on the parties concerned.
The expenses of the Boundary Commissions shall be borne in equal shares by the two States concerned.
ARTICLE 30.
In so far as frontiers defined by a waterway are concerned, the phrases “course” or “channel” used in the descriptions of the present Treaty signify, as regards non-navigable rivers, the median line of the waterway or of its principal branch, and, as regards navigable rivers, the median line of the principal channel of navigation It will rest with the Boundary Commissions provided for by the present Treaty to specify 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.
The various Powers interested undertake to furnish to the Commissions all documents necessary for their tasks, especially authentic copies of agreements fixing existing or old frontiers, all large scale maps in existence, geodetic data, surveys completed but unpublished, and information concerning the changes of frontier watercourses.
They also undertake to instruct the local authorities to communicate to the Commissions all documents, especially plans, cadastral and land books, and to furnish on demand all details regarding property, existing economic conditions, and other necessary information.
ARTICLE 32.
The various Powers interested undertake to give every assistance to the Boundary Commissions, whether directly or through local authorities, in everything that concerns transport, accommodation, labour, material (signposts, boundary pillars) necessary for the accomplishment of their mission.
ARTICLE 33.
The various Powers interested undertake to safeguard the trigonometrical points, signals, posts or frontier marks erected by the Commissions.
ARTICLE 34.
The pillars will be placed so as to be intervisible; they will be numbered, and their position and their number will be noted on a cartographic document.
ARTICLE 35.
The protocols defining the boundary and the maps and documents attached thereto will be made out in triplicate, of which two copies will be forwarded to the Governments of the limitrophe Powers and the third to the Government of the French Republic, which will deliver authentic copies to the Powers who sign the present Treaty.
PART III.POLITICAL CLAUSES.
SECTION I.SERB-CROAT-SLOVENE STATE.ARTICLE 36.
Bulgaria, in conformity with the action already taken by the Allied and Associated Powers, recognises the Serb-Croat-Slovene State.
ARTICLE 37. Bulgaria renounces in favour of the Serb-Croat-Slovene State all rights and title over the territories of the Bulgarian Monarchy situated outside the frontiers of Bulgaria as laid down in Article 27, Part II (Frontiers of Bulgaria), and recognised by the present Treaty, or by any Treaties concluded for the purpose of completing the present settlement, as forming part of the Serb-Croat-Slovene State.
ARTICLE 38.
A Commission consisting of seven members, five nominated by the Principal Allied and Associated Powers, one by the Serb-Croat-Slovene State, and one by Bulgaria, shall be constituted within fifteen days from the coming into force of the present Treaty to trace on the spot the frontier line described in Article 27 (1), Part II (Frontiers of Bulgaria).
ARTICLE 39.
Bulgarian nationals habitually resident in the territories assigned to the Serb-Croat-Slovene State will acquire Serb-Croat-Slovene nationality ipso facto and will lose their Bulgarian nationality.
Bulgarian nationals, however, who became resident in these territories after January 1, 1913, will not acquire Serb-Croat-Slovene nationality without a permit from the Serb-Croat-Slovene State.
ARTICLE 40.
Within a period of two years from the coming into force of the present Treaty, Bulgarian nationals over 18 years of age and habitually resident in the territories which are assigned to the Serb-Croat-Slovene State in accordance with the present Treaty will be entitled to opt for their former nationality. Serb-Croat-Slovenes over 18 years of age who are Bulgarian nationals and habitually resident in Bulgaria will have a similar right to opt for Serb-Croat-Slovene 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 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 their 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 Serb-Croat-Slovenes who are Bulgarian 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 Serb-Croat-Slovene nationality and lose their Bulgarian nationality by complying with the requirements laid down by the Serb-Croat-Slovene State.
ARTICLE 41.
The proportion and nature of the financial obligations of Bulgaria which the Serb-Croat-Slovene State will have to assume on account of the territory placed under its sovereignty will be determined in accordance with Article 141, Part VIII (Financial Clauses), of the present Treaty.
Subsequent agreements will decide all questions which are not decided by the present Treaty and which may arise in consequence of the cession of the said territory.
SECTION II.GREECE.
ARTICLE 42.
Bulgaria renounces in favour of Greece all rights and title over the territories of the Bulgarian Monarchy situated outside the frontiers of Bulgaria as laid down in Article 27, Part 11 (Frontiers of Bulgaria), and recognised by the present Treaty, or by any Treaties concluded for the purpose of completing the present settlement, as forming part of Greece.
ARTICLE 43.
A Commission consisting of seven members, five nominated by the Principal Allied and Associated Powers, one by Greece, and one by Bulgaria, will be appointed fifteen days after the coming into force of the present Treaty to trace on the spot the frontier line described in Article 27 (2), Part II (Frontiers of Bulgaria), of the present Treaty.
ARTICLE 44.
Bulgarian nationals habitually resident in the territories assigned to Greece will obtain Greek nationality ipso facto and will lose their Bulgarian nationality.
B
ulgarian nationals, however, who became resident in these territories after January 1, 1913, will not acquire Greek nationality without a permit from Greece.
ARTICLE 45.
Within a period of two years from the coming into force of the present Treaty, Bulgarian nationals over 18 years of age and habitually resident in the territories assigned to Greece in accordance with the present Treaty will be entitled to opt for Bulgarian 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 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 their 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.
ARTICLE 46.
Greece accepts and agrees to embody in a Treaty with the Principal Allied and Associated Powers such provisions as may be deemed necessary by these Powers to protect the interests of inhabitants of that State who differ from the majority of the population in race, language or religion.
Greece further accepts and agrees to embody in a Treaty with the Principal Allied and Associated Powers such provisions as these Powers may deem necessary to protect freedom of transit and equitable treatment for the commerce of other nations.
ARTICLE 47.
The proportion and nature of the financial obligations of Bulgaria which Greece will have to assume on account of the territory placed under her sovereignty will be determined in accordance with Article 141, Part Vlll (Financial Clauses), of the present Treaty.
Subsequent agreements will decide all questions which are not decided by the present Treaty and which may arise in consequence of the cession of the said territory.
SECTION III.THRACE.
ARTICLE 48.
Bulgaria renounces in favour of the Principal Allied and Associated Powers all rights and title over the territories in Thrace which belonged to the Bulgarian Monarchy and which, being situated outside the new frontiers of Bulgaria as described in Article 27 (3), Part II (Frontiers of Bulgaria), have not been at present assigned to any State.
Bulgaria 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.
The Principal Allied and Associated Powers undertake to ensure the economic outlets of Bulgaria to the Ægean Sea.
The conditions of this guarantee will be fixed at a later date.
SECTION IV.PROTECTION OF MINORITIES.
ARTICLE 49.
Bulgaria undertakes that the stipulations contained in this Section shall be recognised as fundamental laws, and that no law, regulation or official action shall conflict or interfere with these stipulations, nor shall any law, regulation or official action prevail over them.
ARTICLE 50.
Bulgaria undertakes to assure full and complete protection of life and liberty to all inhabitants of Bulgaria without distinction of birth, nationality, language, race or religion.
All inhabitants of Bulgaria shall be entitled to the free exercise, whether public or private of any creed, religion or belief, whose practices are not inconsistent with public order or public morals.
ARTICLE 51.
Bulgaria admits and declares to be Bulgarian nationals ipso facto and without the requirement of any formality all persons who are habitually resident within Bulgarian territory at the date of the coming into force of the present Treaty and who are not nationals of any other State.
ARTICLE 52.
All persons born in Bulgarian territory who are not born nationals of another State shall ipso facto become Bulgarian nationals.
ARTICLE 53.
All Bulgarian nationals shall be equal before the law and shall enjoy the same civil and political rights without distinction as to race, language or religion.
Difference of religion, creed or profession shall not prejudice any Bulgarian national in matters relating to the enjoyment of civil or political rights, as for instance admission to public employments, functions and honours, or the exercise of professions and industries.
No restriction shall be imposed on the free use by any Bulgarian national of any language in private intercourse, in commerce, in religion, in the press or in publications of any kind, or at public meetings.
Notwithstanding any establishment by the Bulgarian Government of an offficial language, adequate facilities shall be given to Bulgarian nationals of non-Bulgarian speech for the use of their language, either orally or in writing, before the Courts.
ARTICLE 54.
Bulgarian nationals who belong to racial, religious or linguistic minorities shall enjoy the same treatment and security in law and in fact as the other Bulgarian nationals. In particular they shall have an equal right to establish, manage and control at their own expense charitable, religious and social institutions schools and other educational establishments, with the right to use their own language and to exercise their religion freely therein.
ARTICLE 55
Bulgaria will provide in the public educational system in towns and districts in which a considerable proportion of Bulgarian nationals of other than Bulgarian speech are resident adequate facilities for ensuring that in the primary schools the instruction shall be given to the children of such Bulgarian nationals through the medium of their own language. This provision shall not prevent the Bulgarian Government from making the teaching of the Bulgarian language obligatory in the said schools.
In towns and districts where there is a considerable proportion of Bulgarian nationals belonging to racial, religious or linguistic minorities, these minorities shall be assured an equitable share in the enjoyment and application of sums which may be provided out of public funds under the State, municipal or other budgets, for educational, religious or charitable purposes.
ARTICLE 56.
Bulgaria undertakes to place no obstacles in the way of the exercise of the right which persons may have under the present Treaty, or under the treaties concluded by the Allied and Associated Powers with Germany, Austria, Hungary, Russia or Turkey, or with any of the Allied and Associated Powers themselves, to choose whether or not they will recover Bulgarian nationality.
Bulgaria undertakes to recognise such provisions as the Principal Allied and Associated Powers may conside
r opportune with respect to the reciprocal and voluntary emigration of persons belonging to racial minorities.
ARTICLE 57.
Bulgaria agrees that the stipulations in the foregoing Articles of this Section, so far as they affect persons belonging to racial, religious or linguistic minorities, constitute obligations of international concern and shall be placed under the guarantee of the League of Nations. They shall not be modified without the assent of a majority of the Council of the League of Nations. The Allied and Associated Powers represented on the Council severally agree not to withhold their assent from any modification in these Articles which is in due form assented to by a majority of the Council of the League of Nations.
Bulgaria agrees that any Member of the Council of the League of Nations shall have the right to bring to the attention of the Council any infraction, or any danger of infraction, of any of these obligations, and that the Council may thereupon take such action and give such direction as it may deem proper and effective in the circumstances.
Bulgaria further agrees that any difference of opinion as to questions of law or fact arising out of these Articles between the Bulgarian Government and any one of the Principal Allied and Associated Powers, or any other Power, a Member of the Council of the League of Nations, shall be held to be a dispute of an international character under Article 14 of the Covenant of the League of Nations. The Bulgarian Government hereby consents that any such dispute shall, if the other party thereto demands, be referred to the Permanent Court of International Justice. The decision of the Permanent Court shall be final and shall have the same force and effect as an award under Article 13 of the Covenant.
SECTION V.GENERAL PROVISIONS.
ARTICLE 58.
Bulgaria 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.
Bulgaria acknowledges and agrees to respect as permanent and inalienable the independence of the said States.
In accordance with the provisions of Article 143, Part Vlll (Financial Clauses), and Article 171, Part IX (Economic Clauses) of the present Treaty, Bulgaria accepts definitely the abrogation of the Brest-Litovsk Treaties and of all treaties, conventions and agreements entered into by her with the Maximalist Government in Russia.
The Allied and Associated Powers formally reserve the rights ot Russia to obtain from Bulgaria restitution and reparation based on the principles of the present Treaty.
ARTICLE 59.
Bulgaria hereby recognises and accepts the frontiers of Austria Greece, Hungary, Poland, Roumania, the Serb-Croat-Slovene State and the Czecho-Slovak State as these frontiers may be determined by the Principal Allied and Associated Powers.
ARTICLE 60.
Bulgaria undertakes to recognise the full force of the Treaties of Peace and additional conventions which have been or may be concluded by the Allied and Associated Powers with the Powers who fought on the side of Bulgaria, and to recognise whatever dispositions have been or may be made concerning the territories of the former German Empire, of Austria, of Hungary, and of the Ottoman Empire, and to recognise the new States within their frontiers as there laid down.
ARTICLE 61.
No inhabitant of territory ceded by Bulgaria under the present Treaty shall be disturbed or molested on account of his political attitude after July 28, 1914, or of the determination of his nationality effected in accordance with the present Treaty.
ARTICLE 62.
Bulgaria declares that she recognises the French Protectorate in Morocco, and that she will make no claim on behalf of herself or her nationals to the benefits or immunities derived from the regime of the capitulations in Morocco. All treaties, agreements, arrangements and contracts concluded by Bulgaria with Morocco are regarded as abrogated as from October 1l, 1915.
Moroccan goods entering Bulgaria shall enjoy the treatment accorded to French goods.
ARTICLE 63.
Bulgaria declares that she recognises the Protectorate proclaimed over Egypt by Great Britain on December 18, 1914, and that she will make no claim on behalf of herself or her nationals to the benefits or immunities derived from the regime of the capitulations in Egypt. All treaties, agreements, arrangements and contracts concluded by Bulgaria with Egypt are regarded as abrogated as from October 1l, 1915.
Egyptian goods entering Bulgaria shall enjoy the treatment accorded to British goods.
PART IV.MILITARY, NAVAL AND AIR CLAUSES.
In order to render possible the initiation of a general limitation of the armaments of all nations, Bulgaria undertakes strictly to observe the military, naval and air clauses which follow.
SECTION 1.MILITARY CLAUSES.CHAPTER I.GENERAL.ARTICLE 64.
Within three months from the coming into force of the present Treaty, the military forces of Bulgaria shall be demobilized to the extent prescribed hereinafter.
ARTICLE 65.
Universal compulsory military service shall be abolished in Bulgaria. The Bulgarian Army shall in future only be constituted and recruited by means of voluntary enlistment.
CHAPTER I I .EFFECTIVES AND CADRES OF THE BULGARIAN ARMY.ARTICLE 66.
The total number of military forces in the Bulgarian Army shall not exceed 20,000 men, including officers and depot troops.
The formations composing the Bulgarian Army shall be fixed in accordance with the wishes of Bulgaria, subject to the following reservations:
(1) The effectives of units shall be compulsorily fixed between the maximum and minimum figures shown in Table IV annexed to the present Section.
(2) The proportion of officers, including the personnel of staffs and special services, shall not exceed one-twentieth of the total effectives with the colours, and that of non-commissioned offficers shall not exceed one-fifteenth of the total effectives with the colours.
(3) The number of machine guns, guns and howitzers shall not exceed those fixed in Table V annexed to the present Section per thousand men of the total effectives with the colours.
The Bulgarian Army shall be exclusively employed for the maintenance of order within Bulgarian territory and for the control of the frontiers.
ARTICLE 67.
In no case shall units be formed of greater size than a division, the latter being in accordance with Tables I, II, and IV annexed to the present Section. The maximum size of the staffs and of all formations are given in the Tables annexed to the present Section; these figures need not be exactly followed, but they
must not in any case be exceeded.
The maintenance or formation of any other group of forces, as well as any other organisation concerned with military command or war preparation, is forbidden.
Each of the following units may have a depot:A regiment of Infantry;A regiment of Cavalry;A regiment of Field Artillery;A battalion of Pioneers.ARTICLE 68
All measures of mobilisation or appertaining to mobilisation are forbidden.
Formations, administrative services and staffs must not in any case include supplementary cadres.
It is forbidden to carry out any preparatory measures for the requisition of animals or any other means of military transport.
ARTICLE 69.
The number of gendarmes, customs offficials, forest guards, local or municipal police or other like offficials shall be fixed by the Inter-Allied Military Commission of Control referred to in Article 98, and shall not exceed the number of men employed in a similar capacity in 19ll within the territorial limits of Bulgaria as fixed in accordance with the present Treaty. In no case shall the number of these officials who are armed with rifles exceed 10,000.
The number of these officials may only be increased in the future in proportion to the increase of population in the localities or municipalities which employ them.
These officials, as well as those employed in the railway service, must not be assembled for the purpose of taking part in any military exercises.
In addition, Bulgaria may establish a special corps of frontier guards, which must be recruited by means of voluntary enlistment and must not exceed 3,000 men, so that the total number of rifles in use in Bulgaria shall not exceed 33,000.
ARTICLE 70.
Any military formation not dealt with in the above Articles is forbidden. Such other formations as may exist in excess of the effectives authorised shall be suppressed within the period laid down in Article 64.
CHAPTER I I I .RECRUITING AND MILITARY TRAINING.
ARTICLE 71.
All officers, including the gendarmerie, customs, forest and other services must be regulars (officers de carriere). Officers at present serving who are retained in the army, gendarmerie or the above-mentioned services must undertake to serve at least up to the age of 40. Officers at present serving who do not join the new army, gendarmerie or the above-mentioned services shall be free from any military obligations. They must not take part in any military exercises, theoretical or practical.
Officers newly appointed must undertake to serve on the active list of the army, gendarmerie or the above-mentioned services for at least 20 consecutive years.
The proportion of officers leaving the service for any cause before the expiration of their term of engagement must not exceed in any year one-twentieth of the total effectives of officers provided by Article 66. If this percentage is unavoidably exceeded, the resulting deficit in the cadres shall not be filled up by new appointments.
ARTICLE 72.
The total length of engagement of non-commissioned officers and men shall not be less than 12 years consecutive service with the colours.
The proportion of men dismissed before the expiration of their term of service for reasons of health or discipline or for any other cause must not exceed in any year one-twentieth of the total effectives fixed by Article 66. If this number is unavoidably exceeded, the resulting deficit shall not be filled by fresh enlistments.
CHAPTER IV.SCHOOLS, EDUCATIONAL ESTABLISMENTS, MILITARY CLUBS AND SOCIETIES.
ARTICLE 73.
On the expiration of three months from the coming into force of the present Treaty there must only exist in Bulgaria one military school, strictly set apart for the recruitment of officers for the authorised units.
The number of students admitted to instruction in the said school shall be strictly in proportion to the vacancies to be filled in the officer cadres. The students and the cadres shall be reckoned as part of the effectives fixed by Article 66.
Consequently, within the time fixed above, all military colleges or similar institutions in Bulgaria, as well as the various schools for officers, student officers, cadets, non-commissioned officers or student non-commissioned officers, other than the school above provided for, shall be abolished.
ARTICLE 74
Educational establishments, other than those referred to in Article 73 above, universities, societies of discharged soldiers, touring clubs, boy scouts’ societies, and associations or clubs of every description, must not occupy themselves with any military matters. They will on no account be allowed to instruct or exercise their pupils or members in the use of arms.
These educational establishments, societies, clubs or other associations must have no connection with the Ministry of War or any other military authority.
ARTICLE 75.
In schools and educational establishments of every description, whether under State control or private management, the teaching of gymnastics shall not include any instruction or drill in the use of arms or training for war.
CHAPTER V.ARMAMENT, MUNITIONS AND MATERIAL, FORTIFICATIONS.
ARTICLE 76.
On the expiration of three months from the coming into force of the present Treaty the armament of the Bulgarian Army shall not exceed the figures fixed per thousand men in Table V annexed to the present Section.
Any excess in relation to effectives shall only be used for such replacements as may eventually be necessary.
ARTICLE 77.
The stock of munitions at the disposal of the Bulgarian Army shall not exceed the amounts fixed in Table V annexed to the present Section,
Within three months from the coming into force of the present Treaty the Bulgarian Government shall deposit any existing surplus of armament and munitions in such places as shall be notified to it by the Principal Allied and Associated Powers.
No other stock, depot or reserve of munitions shall be formed.
ARTICLE 78.
The number and calibre of guns constituting the fixed normal armament of fortified places existing at the present moment in Bulgaria shall be immediately notified to the Principal Allied and Associated Powers, and will constitute maximum amounts which may not be exceeded.
Within three 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:
1,500 rounds per gun for those the calibre of which is 105 mm. and under;
500 rounds per gun for those of higher calibre.
No new fortifications or fortified places shall be constructed in Bulgari
a.
ARTICLE 79.
The manufacture of arms, munitions and of war material shall only be carried on in one single factory, which shall be controlled by and belong to the State, and whose output shall be strictly limited to the manufacture of such arms, munitions and war material as is necessary for the military forces and armaments referred to in Articles 66, 69, 77 and 78 above.
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 other war material shall be abolished or converted to purely commercial uses.
Within the same length of time all arsenals shall also be suppressed, except those to be used as depots for the authorised stocks of munitions, and their staffs discharged.
The plant of any establishments or arsenals existing in excess of the needs of the authorised manufacture shall be rendered useless or converted to purely commercial uses, in accordance with the decisions of the Military Inter-Allied Commission of Control referred to in Article 98.
ARTICLE 80.
Within three months from the coming into force of the present Treaty all arms, munitions and war material, including any kind of anti-aircraft material, of whatever origin, existing in Bulgaria in excess of the authorised quantity shall be handed over to the Principal Allied and Associated Powers.
This delivery shall take place at such points in Bulgarian territory as may be appointed by the said Powers, who shall also decide on the disposal of such material.
ARTICLE 81.
The importation into Bulgaria of arms, munitions and war material of all kinds is forbidden.
The manufacture for foreign countries and the exportation of arms, munitions and war material shall also be forbidden.
ARTICLE 82.
The use of flame throwers, asphyxiating, poisonous or other gases, and all similar liquids, materials or processes being prohibited, their manufacture and importation are strictly forbidden in Bulgaria.
Material specially intended for the manufacture, storage or use of the said products or processes is equally forbidden.
The manufacture and importation into Bulgaria of armoured cars, tanks, or any similar machines suitable for use in war are equally forbidden.
TABLE 1.COMPOSITION AND MAXIMUM EFFECTIVES OF AN INFANTRY DIVISION
Units.
Headquarters of an infantry division
Headquarters of divisional infantry
Headquarters of divisional artillery
3 regiments of infantry* (on the basis of 65 officers and 2,000 men per regiment)
1 squadron
1 battalion of trench artillery (3 companies)
1 battalion of pioneers**
Regiment field artillery***
1 battalion cyclists (comprising 3 companies)
1 signal detachment****
Divisional medical corps
Divisional parks and trains
—————————
TABLE II.COMPOSITION AND MAXIMUM EFFECTIVES FOR A CAVALRY DIVISION
Units
Headquarters of a cavalry division
Regiment of cavalry*
Group of field artillery (3 batteries)
Group of motor machine-guns and armoured cars**
Miscellaneous services
————————————-
TABLE IIICOMPOSITION AND MAXIMUM EFFECTIVES FOR A MIXED BRIGADE.
Units
Headquarters of a brigade
2 regiments of infantry*
1 cyclist battalion (3 companies)
1 cavalry squadron
1 group field or mountain artillery (3 batteries)
1 trench mortar company
Miscellaneous services
———————————
TABLE IV.MINIMUM EFFECTIVES OF UNITS WHATEVER ORGANISATION IS ADOPTED IN THE ARMY.(Divisions, Mixed Brigades, etc.)
Units
Infantry division
Cavalry division
Mixed brigade
Regiment of infantry
Battalion of infantry
Company of infantry or machine guns
Cyclist group
Regiment of cavalry
Squadron of cavalry
Regiment of artillery
Battery of field artillery
Company of trench mortars
Battalion of pioneers
Battery of mountain artillery
TABLE V.MAXIMUM AUTHORISED ARMAMENTS AND MUNITION SUPPLIES
Materiel.
Rifles or carbines*
Machine guns, heavy or light
Trench mortars, light
Trench mortars, medium
Guns or howitzers (field or mountain).
———————————*Automatic rifles or carbines are counted as light machine guns.
SECTION II.NAVAL CLAUSES.ARTICLE 83.
From the date of the coming into force of the present Treaty all Bulgarian warships, submarines included, are declared to be finally surrendered to the Principal Allied and Associated Powers.
Bulgaria will, however, have the right to maintain on the Danube and along her coasts for police and fishery duties not more than four torpedo boats and six motor boats, all without torpedoes and torpedo apparatus, to be selected by the Commission referred to in Article 99.
The personnel of the above vessels shall be organised on a purely civilian basis.
The vessels allowed to Bulgaria must only be replaced by lightly-armed patrol craft not exceeding l00 tons displacement and of non-military character.
ARTICLE 84.
All warships, including submarines, now under construction in Bulgaria shall be broken up. The work of breaking up these vessels shall be commenced as soon as possible after the coming into force of the present Treaty.
ARTICLE 85.
Articles, machinery and material arising from the breaking up of Bulgarian 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 86.
The construction or acquisition of any submarine, even for commercial purposes, shall be forbidden in Bulgaria.
ARTICLE 87.
All arms, ammunition and other naval war material, including mines and torpedoes, which belonged to Bulgaria at the date of the signature of the Armistice of September 29, 1918, are declared to be finally surrendered to the Principal Allied and Associated Powers.
ARTICLE 88.
During the three months following the coming into force of the present Treaty the high-power wireless telegraphy station at Sofia shall not be used for the transmission of messages concerning naval, military or political questions of interest to Bulgaria, or any State which has been allied to Bulgaria in the war, without the assent of the Principal Allied and Associated Powers. This station may be used for commercial purposes, but only under the supervision of the said Powers, who will decide the wave-length to be used.
During the same period Bulgaria shall not build any more high-power wireless telegraphy stations in her own territory or that of Germany, Austria, Hungary or Turkey.
SECTION III.AIR CLAUSES.ARTICLE 89.
The armed forces of Bulgaria must not include any military or naval air forces. No dirigible shall be kept.
ARTICLE 90.
Within two months from the coming into force of the present Treaty the personnel of the air forces on the rolls of the Bulgarian land and sea forces shall be demobilised.
ARTICLE 91.
Until the complete evacuation of Bulgarian territory by the Allied and Associated troops the aircraft of the Allied and Associated Powers shall enjoy in Bulgaria freedom of passage through the air, freedom of transit and of landing.
ARTICLE 92.
During the six months following the coming into force of the present Treaty the manufacture, importation and exportation of aircraft, parts of aircraft, engines for aircraft, and parts of engines for aircraft shall be forbidden in all Bulgarian territory.
ARTICLE 93.
On the coming into force of the present Treaty all military and naval aeronautical material must be delivered by Bulgaria and at her expense to the Principal Allied and Associated Powers.
Delivery must be effected at such places as the Governments of the said Powers 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 Bulgaria, 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 Bulgaria until the time when the dirigibles are handed over.
Engines for aircraft.
Nacelles and fuselages.
Armament (guns, machine guns, light machine guns, bomb-dropping apparatus, torpedo-dropping apparatus, synchronization 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 94.
All military, naval and air ciauses contained in the present Treaty for the execution of which a time limit is prescribed shall be executed by Bulgaria under the control of Inter-Allied Commissions appointed for this purpose by the Principal Allied and Associated Powers.
The above-mentioned Commissions will represent the Principal Allied and Associated Powers in dealing with the Bulgarian Government in all matters concerning the execution of the military, naval and air clauses. They will communicate to the Bulgarian authorities the decisions which the Principal Allied and Associated Powers have reserved the right to take or which the execution of the said clauses may necessitate.
ARTICLE 95.
The Inter-Allied Commissions of Control may establish their organisations at Sofia, and shall be entitled as often as they think fit to proceed to any point whatever in Bulgarian territory, or to send sub-commissions or to authorise one or more of their members to go to any such point.
ARTICLE 96.
The Bulgarian Government must furnish to the Inter-Allied Commissions of Control all such information and documents as the latter may think necessary to ensure the execution of their mission, and all means (both in personnel and in material) which the said Commissions may need to ensure the complete execution of the military, naval or air clauses.
The Bulgarian Government must attach a qualified representative to each Inter-Allied Commission of Control, with the duty of receiving the communications which the Commission may have to address to the Bulgarian Government, and of furnishing it with or procuring all information or documents demanded.
ARTICLE 97.
The upkeep and cost of the Commissions of Control and the expenses involved by their work shall be borne by Bulgaria.
ARTICLE 98.
It will be the special duty of the Military Inter-Allied Commission of Control:
(1) to fix the number of gendarmes, customs officials, forest guards, local or municipal police, or other like officials, which Bulgaria shall be authorised to maintain in accordance with Article 69;
(2) to receive from the Bulgarian Government any information relating to the location of the stocks and depots of munitions, the armament of the fortified works, fortresses and forts, 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, war material and plant intended for war construction, will select the points where such delivery is to be effected, and will supervise the works of destruction and of rendering things useless or the transformation of material which are to be carried out in accordance with the present Treaty.
ARTICLE 99.
It will be the special duty of the Naval Inter-Allied Commission of Control to take delivery of arms, munitions, and other naval war material, and to supervise the destruction and breaking up provided for in Article 84.
The Bulgarian 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 l00.
It will be the special duty of the Aeronautical Inter-Allied Commission of Control to make an inventory of the aeronautical material which is actually in possession of the Bulgarian Government, 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 situated in Bulgarian territory, and to authorise where necessary the removal of material and to take delivery of such material.
The Bulgarian Government must furnish to the Aeronautical Inter Allied Commission of Control all such information and legislative, administrative or other documents which t
he Commission may think necessary to ensure the complete execution of the air clauses, and in particu1ar a list of the personnel belonging to all Bulgarian air services and of the existing material, as well as of that in process of manufacture or on order, and a complete list of all establishments working for aviation, of their positions and of all sheds and landing grounds.
SECTION V.GENERAL ARTICLES.ARTICLE 101.
After the expiration of a period of three months from the coming into force of the present Treaty the Bulgarian laws must have been modified and shall be maintained by the Bulgarian 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 present Treaty must have been taken by the Bulgarian Government.
ARTICLE 102.
The following portions of the Armistice of September 29, 1918 paragraphs 1, 2, 3 and 6, remain in force in so far as they are not inconsistent with the stipulations of the present Treaty.
ARTICLE 103.
Bulgaria undertakes from the coming into force of the present Treaty not to accredit to any foreign country any military, navy or air mission, and not to send or allow the departure of any such mission; she undertakes moreover to take the necessary steps in order to prevent Bulgarian nationals from leaving her territory in order to enlist in the army, fleet or air service of any foreign Power, or to be attached to any such Power with the purpose of helping in its training, or generally to give any assistance to the military, naval or air instruction in a foreign country.
The Allied and Associated Powers undertake on their part that from the coming into force of the present Treaty they will neither enlist in their armies, fleets or air services nor attach to them any Bulgarian national with the object of helping in military training, or in general employ any Bulgarian national as a military, naval or air instructor.
The present arrangement, however, in no way hinders the right of France to recruit for the Foreign Legion in accordance with French military laws and regulations.
ARTICLE 104.
So long as the present Treaty remains in force Bulgaria undertakes to submit to any investigation which the Council of the League of Nations by a majority vote may consider necessary.
PART V.PRISONERS OF WAR AND GRAVES.SECTION I.PRISONERS OF WAR.ARTICLE 105.
The repatriation of prisoners of war and interned civilians who are Bulgarian nationals 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 106.
The repatriation of Bulgarian prisoners of war and interned civilians shall, in accordance with Article 105, be carried out by a Commission composed of representatives of the Interested Associated Powers on the one part, and of the Bulgarian 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 Bulgarian Government, shall regulate the details of carrying into effect the repatriation of prisoners of war.
ARTICLE 107.
From the time of their delivery into the hands of the Bulgarian aulhorities 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 reE;ident in territory occupied by the troops of the Allied and Associated Powers are likewise to be sent to their homes, subject to 1:he consent and control of the military authorities of the Allied and Associated armies of occupation.
ARTICLE 108.
The whole cost of repatriation from the moment of starting shall be borne by the Bulgarian Government, who shall also provide the means of transport and working personnel consldered necessary by the Commission referred to in Article 106.
ARTICLE 109.
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 October 5, 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 110.
Prisoners of war and interned civilians who are awaiting trial or undergoing sentence for offences other than those against discipline may be detained.
ARTICLE 111.
The Bulgarian Government undertakes to admit to its territory without distinction all persons liable to repatriation.
Prisoners of war or Bulgarian 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 Bulgarian 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 112.
The Allied and Associated Governments reserve the right to make the repatriation of Bulgarian prisoners of war and Bulgarian nationals in their hands conditional upon the immediate notification and release by the Bulgarian Government of any prisoners of war and other nationals of the Allied and Associated Powers who may be still retained in Bulgaria against their will.
ARTICLE 113.
An Inter-Allied Commission for enquiry and control shall be formed for the purpose of:
(1) Searching for non-repatriated Allied and Associated nationals;
(2) Identifying those who have expressed their desire to remain within Bulgarian territory;
(3) Establishing criminal acts punishable by the penalties referred to in Part Vl (Penalties) of the present Treaty, committed by Bulgarians against the persons of prisoners of war or Allied and Associated nationals during their captivity.
This Commission shall consist of a representative of each of the following Powers, viz.: the British Empire, France, Italy, Greece, Roumania and the Serb-Croat-Slovene State.
The result of the enquiries made by this Commission shall be transmitted to each of the Governments concerned.
The Bulgarian Government undertakes:
(1) To give every facility to this Commission, to furnish it with all necessary means o
f transport; to allow it free access to camps, prisons, hospitals and all other places; and to place at its disposal all documents, whether public or private, which would facilitate its enquiries;
(2) To impose penalties upon any Bulgarian officials or private persons who have concealed the presence of any nationals of any of the Allied or Associated Powers, or have neglected to reveal the presence of any such after it had come to their knowledge.
ARTICLE 114.
The Bulgarian Government undertakes, from the coming into force of the present Treaty, to restore without delay all articles, money, securities and documents which have belonged to nationals of the Allied and Associated Powers and which have been retained by the Bulgarian authorities.
ARTICLE 115.
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 116.
The Allied and Associated Governments and the Bulgarian Govenment 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 any one of these Governments 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 reciprocally 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 117.
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 6 of the present Treaty.
The Allied and Associated Governments on the one part and the Bulgarian 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 VI.PENALTIES.ARTICLE 118.
The Bulgarian 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 Bulgaria or in the territory of her allies.
The Bulgarian 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 Bulgarian authorities.
ARTICLE 119.
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 120.
The Bulgarian 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 VII.REPARATION.ARTICLE 121.
Bulgaria recognises that, by joining in the war of aggression which Germany and Austria-Hungary waged against the Allied and Associated Powers, she has caused to the latter losses and sacrifices of all kinds, for which she ought to make complete reparation
On the other hand the Allied and Associated Powers recognise that the resources of Bulgaria are not sufficient to enable her to make complete reparation.
Bulgaria, therefore, agrees to pay, and the Allied and Associated Powers agree to accept, as being such reparation as Bulgaria is able to make, the sum of 2,250,000,000 (two and a quarter milliards) francs gold.
This amount shall (except as hereinafter provided) be discharged by a series of half-yearly payments on January 1 and July 1 in each year, beginning on July 1, 1920.
The payments on July 1, 1920, and January 1, 1921, shall represent interest at the rate of 2 per cent. per annum from January 1, 1920, on the total sum due by Bulgaria. Thereafter each half-yearly payment shall include, besides the payment of interest at 5 per cent. per annum, the provision of a sinking fund sufficient to extinguish the total amount due by Bulgaria in 37 years from January 1, 1921.
These sums shall be remitted through the Inter-Allied Commission referred to in Article 130 to the Reparation Commission created by the Treaty of Peace with Germany of June 28, 1919, as constituted by the Treaty with Austria of September 10, 1919 Part VIII, Annex II, paragraph 2 (this Commission is hereinafter referred to as the Reparation Commission), and shall be disposed of by the Reparation Commission in accordance with the arrangements already made.
Payments required in accordance with the preceding stipulations to be made in cash may at any time be accepted by the Repar ation Commission, on the proposal of the Inter-Allied Commission, in the form of chattels, properties, commodities, rights, concessions, within or without Bulgarian territory, ships, bonds, shares or securities of any kind, or currency of Bulgaria or of other States, the value of such substitutes for gold being fixed at a fair and just amount by the Reparation Commission itself.
If the Reparation Commission desires at any time to dispose, either by sale or otherwise, of gold bonds based on the payments to be made by Bulgaria, it shall have power to do so. The nominal amount of the bonds shall be fixed by it, after taking due account of the provisions of Articles 122, 123, and 129 of this Part, in consultation with the Inter-Allied Commission, but shall in no case exceed the total capital sums due by Bulgaria then outstanding.
Bulgaria undertakes in such case to deliver to the Reparation Commission, through the Inter-Allied Commission, the necessary bonds in such form, number, denominations and terms as the Reparation Commission may determine.
These bonds shall be direct obligations of the Bulgarian Government, but all arrangements for the service of the bonds shall be made by the Inter-Allied Commission. The Inter-Allied Commission shall pay all interest, sinking fund, or other charges connected with the
bonds out of the half-yearly payments to be made by Bulgaria in accordance with this Article. The surplus, if any, shall continue to be paid to the order of the Reparation Commission.
These bonds shall be free of all taxes and charges of every description established or to be established by Bulgaria.
ARTICLE 122.
The Inter-Allied Commission shall from time to time consider the resources and capacity of Bulgaria, and, after giving her representatives a just opportunity to be heard, shall have discretion to recommend to the Reparation Commission either a reduction or a postponement of any particular payment due or a reduction of the total capital sum to be paid by Bulgaria.
The Reparation Commission shall have power by a majority of votes to make any reduction or postponement up to the extent recommended by the Inter-Allied Commission.
ARTICLE 123.
Bulgaria shall have the power at any time, if she so desires, to make immediate payments in reduction of the total capital sum due over and above the half-yearly payments.
ARTICLE 124.
Bulgaria recognises the transfer to the Allied and Associated Powers of any claims to payment or repayment which Germany, Austria, Hungary or Turkey may have against her, in accordance with Article 261 of the Treaty of Peace with Germany, and the corresponding Articles of the Treaties with Austria, Hungary and Turkey.
The Allied and Associated Powers, on the other hand, agree not to require from Bulgaria any payment in respect of claims so transferred, as they have taken these claims into account in fixing the amount to be paid by Bulgaria under Article 121.
ARTICLE 125.
In addition to the payments mentioned in Article 121, Bulgaria undertakes to return, in accordance with the procedure to be laid down by the Inter-Allied Commission, objects of any nature and securities taken away, seized or sequestrated in the territory invaded in Greece, Roumania or Serbia, in cases in which it is possible to identify them in Bulgarian territory, except in the case of live-stock, which shall be dealt with in accordance with Article 127.
For this purpose the Governments of Greece, Roumania and the Serb-Croat-Slovene State shall deliver to the Inter-Allied Commission within four months from the coming into force of the present Treaty lists of the objects and securities which they can prove to have been carried off from the invaded territories and which can be identified and found in Bulgarian territory. They will also give at the same time all information possible to assist in the discovery and identification of these articles.
The Bulgarian Government undertakes to facilitate by all means in its power the discovery of the said objects and securities, and to pass within three months from the coming ulto force of the present Treaty a law requiring all Bulgarian nationals to disclose all such objects and securities in their possession under penalty of being treated as receivers of stolen goods.
ARTICLE 126.
Bulgaria undertakes to seek for and forthwith to return to Greece, Roumania, and the Serb-Croat-Slovene State respectively any records or archives or any articles of archaeological, historic or artistic interest which have been taken away from the territories of those countries during the present war.
Any dispute between the Powers above named and Bulgaria as to their ownership of any such articles shall be referred to an arbitrator to be appointed by the Inter-Allied Commission, and whose decision shall be final.
ARTICLE 127.
Bulgaria further undertakes to deliver to Greece, Roumania and the Serb-Croat-Slovene State, within six months from the coming into force of the present Treaty, live-stock of the descriptions and in the numbers set out hereunder:
Bulls (18 months to 3 years)
Milch cows (2 to 6 years)
Horses and mares(3 to 7 years)
Mules
Draught oxen
Sheep
These animals shall be delivered at such places as may be appointed by the respective Governments. They shall be inspected before delivery by agents appointed by the Inter-Allied Commission, who shall satisfy themselves that the animals so delivered are of average health and condition.
No credit shall be made to Bulgaria in respect of their value; the animals handed over shall be regarded as having been delivered in restitution for animals taken away by Bulgaria during the war from the territories of the countries named.
In addition to the deliveries provided for above, the Inter-Allied Commission shall be at liberty to grant, if they find it possible to do so, to Greece, Roumania and the Serb-Croat Slovene State, within two years from the coming into force of the present Treaty, such quantities of live-stock as they may consider themselves justified in so granting. The value of such deliveries shall be placed to the credit of Bulgaria.
ARTICLE 128.
By way of special compensation for the destruction caused to the coal-mines situated on Serbian territory occupied by the Bulgarian armies, Bulgaria undertakes, subject to the proviso contained in the final paragraph of this Article, to deliver to the Serb-Croat-Slovene State during five years from the coming into force of the present Treaty 50,000 tons of coal a year from the output of the Bulgarian State mines at Pernik. These deliveries shall be made free on rail on the Serb-Croat-Slovene frontier on the Pirot-Sofia railway.
The value of these deliveries will not be credited to Bulgaria, and will not be taken in diminution of the payment required under Article 121.
Provided, nevertheless, that these deliveries will only be made subject to the approval of the Inter-Allied Commission, which approval shall only be given if and in so far as the Commission is satisfied that such deliveries of coal will not unduly interfere with the economic life of Bulgaria; the decision of the Commission on this point shall be final.
ARTICLE 129.
The following shall be reckoned as credits to Bulgaria in respect of her reparation obligations:
Amounts which the Reparation Commission may consider should be credited to Bulgaria under Part VIII (Financial Clauses), Part IX (Economic Clauses) and Part XI (Ports, Waterways and Railways) of the
present Treaty.
ARTICLE 130.
In order to facilitate the discharge by Bulgaria of the obligations assumed by her under the present Treaty, there shall be established at Sofia as soon as possible after the coming into force of the present Treaty an Inter-Allied Commission.
The Commission shall be composed of three members to be appointed respectively by the Governments of the British Empire, France and Italy. Each Government represented on the Commission shall have the right to withdraw therefrom upon six months’ not ce filed with the Commission.
Bulgaria shall be represented by a Commissioner, who shall take part in the sittings of the Commission whenever invited by the Commission to do so, but shall not have the right to vote.
The Commission shall be constituted in the form and shall possess the powers prescribed by the present Treaty including the Annex to this Part.
The Commission shall continue in existence as long as any of the payments due under the terms of this Part of the present Treaty remain unpaid.
The members of the Commission shall enjoy the same rights and immunities as are enjoyed in Bulgaria by duly accredited diplomatic agents of friendly Powers.
The Bulgarian Government agrees to provide by law, within six months of the coming into force of the present Treaty, the authority necessary for enabling the Commission to carry out its duties. The text of this law must be approved in advance by the Powers represented on the Commission. It must conform to the principles and rules laid down in the Annex to this Part, and also to any other relevant provisions laid down in the present Treaty.
ARTICLE 131.
Bulgaria undertakes to pass, issue and maintain in force any legislation, orders and decrees that may be necessary to give effect to the provisions of this Part.
ANNEX.
I. The Commission shall elect a Chairman annually from its members, and it shall establish its own rules and procedure.
Each member shall have the right to nominate a deputy to act for him in his absence.
Decisions shall be taken by the vote of the majority, except when a unanimous vote is expressly required. Abstention from voting is to be treated as a vote against the proposal under discussion.
The Commission shall appoint such agents and employees as it may deem necessary for its work.
The costs and expenses of the Commission shall be paid by Bulgaria and shall be a first charge on the revenues payable to the Commission. The salaries of the members of the Commission shall be fixed on a reasonable scale by agreement from time to time between the Governments represented on the Commission.
2. Bulgaria undertakes to afford to the members, offficers and agents of the Commission full power to visit and inspect at all reasonable times any places, public works or undertakings in Bulgaria, and to furnish to the said Commission all records, documents and information which it may require.
3. The Bulgarian Government undertakes to place at the disposal of the Commission in each half-year suffficient sums in francs gold, or such other currency as the Commission may decide, to enable it to remit at due date the payments due on account of reparation or of other obligations undertaken by Bulgaria under the present Treaty.
In the law relating to the working of the Commission, there shall be prescribed a list of the taxes and revenues (now existing or hereafter to be created) estimated to be sufficient to produce the sums above referred to. This list of taxes and revenues shall include all revenues or receipts arising from concessions made or to be made for the working of mines or quarries or for the carrying on of any works of public utility or of any monopolies for the manufacture or sale of any articles in Bulgaria. This list of taxes and revenues may be altered from time to time with the unanimous consent of the Commission.
If at any time the revenues so assigned shall prove insufficient, the Bulgarian Government undertakes to assign additional revenues. If the Bulgarian Government does not assign suffficient revenues within three months of a demand by the Commission, the Commission shall have the right to add to the list additional revenues created or to be created, and the Bulgarian Government undertakes to pass the necessary legislation.
In case of default by Bulgaria in the performance of her obligations under Articles 121 and 130 and this Annex the Commission shall be entitled to assume to the extent and for the period fixed by it the full control and management of and to undertake the collection of such taxes and sources of revenue and to hold and disburse the proceeds thereof and to apply any net proceeds after meeting the cost of administration and collection to the satisfaction of the reparation obligations of Bulgaria, subject to any priorities laid down in the present Treaty.
In the case of such action by the Commission, Bulgaria undertakes to recognise the authority and powers of the said Commission, to abide by its decisions and to obey its directions.
4. By agreement with the Bulgarian Government, the Commission shall have power to assume the control and management and the collection of any taxes, even if no default has occurred.
5. The Commission shall also take over any other duties which may be assigned to it under the present Treaty.
6. No member of the Commission shall be responsible, except to the Govermllent appointing him, for any action or omission in the performance of his duties. No one of the Allied or Associated Governments assumes any responsibility in respect of any other Government.
PART VIII.FINANCIAL CLAUSES.ARTICLE 132.
Subject to the provisions of Article 138, and to such exceptions as the Inter-Allied Commission established by Article 130, Part VII (Reparation) of the present Treaty, may unanimously approve, a first charge upon all the assets and revenues of Bulgaria 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 Bulgaria and the Allied and Associated Powers during the Armistice signed on September 29, 1918.
Up to May 1, 192I, the Bulgarian Government shall not export or dispose of, and shall prohibit the export or disposal of, gold without the previous approval of the Inter-Allied Commission.
ARTICLE 133
There shall be paid by Bulgaria the total cost of all armies of the Allied and Associated Governments occupying territory within her boundaries, as defined in the present Treaty, from the date of the signature of the Armistice of September 29, 1918, until the coming into force of the present Treaty, including the keep of men and beasts, lodging and billeting, pay and allow- ances, 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 services of all sorts (such as by rail, sea or river, motor lorries), communications and corresponden
ce, 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 territory, shall be paid by the Bulgarian Government to the Allied and Associated Governments in any legal currency of Bulgaria. In cases where an Allied or Associated Government, in order to make such purchases or requisitions in the occupied territory, has incurred expenditure in a currency other than Bulgarian currency, such expenditure shall be reimbursed in Bulgarian currency at the rate of exchange current at the date of reimbursement, or at an agreed rate.
All other of the above costs shall be paid in the currency of the country to which the payment is due.
ARTICLE 134.
Bulgaria engages to pay towards the charge for the service of the external pre-war Ottoman Public Debt, both in respect of territory ceded by Turkey under the Treaty of Constantinople 1913, for the period during which such territory was under Bulgarian sovereignty, and in respect of territory the cession of which is confirmed by the present Treaty, such sums as may be determined hereafter by a Commission to be appointed for the purpose of determining to what extent the cession of Ottoman territory will involve the obligation to contribute to that debt.
ARTICLE 135.
The priority of the charges established by Articles 132, 133 and 134 of this Part shall be as follows:
(a) the cost of military occupation as defined by Article 133;
(b) the service of such part of the external pre-war Ottoman Public Debt as may be attributed to Bulgaria under the present Treaty or any treaties or agreements supplementary thereto in respect of the cession to Bulgaria of territory formerly belonging to the Ottoman Empire;
(c) the cost of reparation as prescribed by the present Treaty or any treaties or agreements supplementary thereto.
ARTICLE 136.
Bulgaria confirms the surrender of all material handed over or to be handed over to the Allied and Associated Powers in accordance with the Armistice of September 29, 1918, and recognises the title of the Allied and Associated Powers to such material
There shall be credited to Bulgaria against the sums due from her to the Allied and Associated Powers for reparation the value, as assessed by the Reparation Commission referred to in Article 121, Part Vll (Reparation) of the present Treaty, acting through the Inter-Allied Commission, of such of the above material for which, as having non-military value, credit should, in the judgment of the Reparation Commission, be allowed.
Property belonging to the Allied and Associated Governments or their nationals, restored or surrendered under the Armistice Agreement in specie, shall not be credited to Bulgaria.
ARTICLE 137.
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 138.
All rights created and all securities specifically assigned in connection with loans contracted or guaranteed by the Bulgarian Government which were actually contracted or guaranteed before August 1, 1914, are maintained in force without any modification.
ARTICLE 139.
If, in accordance with Articles 235 and 260 of the Treaty of Peace with Germany, signed on June 28, 19l9, and the corresponding Articles in the Treaties with Austria and Hungary, all rights, interests and securities held by any German, Austrian or Hungarian national under the contracts and agreements regulating the loan contracted by Bulgaria in Germany in July, 1914, are taken over by the Reparation Commission, the Bulgarian Government undertakes to do everything in its power to facilitate this transfer. The Bulgarian Government likewise undertakes to hand over to the Reparation Commission within six months from the coming into force of the present Treaty all such rights, interests and securities held by Bulgarian nationals under the contracts and agreements regulating the said loan. The rights, inl:erests and securities held by Bulgarian nationals will be valued by the Reparation Commission, and their value will be credited to Bulgaria on account of the sums due for reparation, andBulgaria shal1 be responsible for indemnifying her nationals so dispossessed.
Notwithstanding anything in the preceding Article, the Reparation Commission shall have full power, in the event of the transfer to it of the interests mentioned above, to modify the terms of the contracts and agreements regulating the loan, or to make any other arrangements connected therewith which it shall deem necessary, provided that (I) the rights under the contrlcts and agreements of any persons interested therein other than German, Austrian, Hungarian or Bulgarian nationals, and (2) the rights of the holders of Bulgarian Treasury Bills issued in France in 1912 and 1913 to be reimbursed out of the proceeds of the next financial operation undertaken by Bulgaria, are not prejudiced thereby. By agreement with the parties concerned, the claims referred to above may be paid off either in cash or in an agreed amount of the bonds of the loan.
Any arrangement with regard to the loan and the contracts and agreements connected therewith shall be made after consultation with the Inter-Allied Commission, and the Inter-Allied Commission shall act as agent of the Reparation Commission in any matters connected with the loan, if the Reparation Commission so decides.
ARTICLE 140.
Nothing in the provisions of this Part shall prejudice in any manner charges or mortgages lawfully effected in favour of the Allied and Associated Powers or their nationals respectively, before the date at which a state of war existed between Bulgaria and the Allied or Associated Powers concerned, by the Government of Bulgaria or by Bulgarian nationals on assets in their ownership at that date, except in so far as variations of such charges or mortgages are specifically provided for under the terms of the present Treaty or any treaties or agreements supplementary thereto.
ARTICLE 141.
Any Power to which Bulgarian territory is ceded in accordance with the present Treaty undertakes to pay a contribution towards the charge for the Bulgarian Public Debt as it stood on October 11, 1915, including the share of the Ottoman Public Debt attaching to Bulgaria in accordance with the principles laid down in Article 134.
The Reparation Commission, acting through the Inter-Allied Commission, will fix the amount of the Bulgarian Public Debt on October 1l, 19l5, taking into account only such portion of the debt contracted after August 1, 19I4, as was not employed by Bulgaria in preparing the war of aggression.
The portion of the Bulgarian Public Debt for which each State is to assume responsibility will be such as the Principal Allied and Associated Powers, acting through the Inte
r-Allied Commission, may determine to be equitable, having regard to the ratio between the revenues of the ceded territory and the total revenues of Bulgaria for the average of the three complete financial years next before the Balkan War of 1912.
ARTICLE 142.
Any Power to which Bulgarian territory is ceded in accordance vith the present Treaty shall acquire all property and possessions situated within such territory belonging to the Bulgarian Govern- ment, and the value of such property and possessions so acquired shall be fixed by the Reparation Commission and placed by it to the credit of Bulgaria (or of Turkey in the case of property and possessions ceded to Bulgaria under the Treaty of Constantinople, I913), and to the debit of the Power acquiring such property or possessions.
For the purposes of this Article the property and possessions of the Bulgarian Government shall be deemed to include all the property of the Crown.
ARTICLE 143.
Bulgaria renounces any benefit disclosed by the Treaties of Bucharest and Brest-Litovsk, 1918, and by the Treaties supplementary thereto, and undertakes to transfer either to Roumania or to the Principal Allied and Associated Powers, as the case may be, any monetary instruments, specie, securities and negotiable instruments or goods which she may have received under the aforesaid Treaties.
Any sums of money and all securities, instruments and goods, of whatsoever nature, to be paid, delivered or 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 144.
The Bulgarian Government undertakes to refrain from preventing or impeding such acquisition by the German, Austrian, Hungarian or Turkish Governments of any rights and interests of German, Austrian, Hungarian or Turkish nationals in public utility undertakings or concessions operating in Bulgaria as may be required by the Reparation Commission under the terms of the Treaties of Peace between Germany, Austria, Hungary and Turkey and the Allied and Associated Powers.
ARTICLE 145.
Bulgaria undertakes to transfer to the Reparation Commission any claims which she or Bulgarian nationals who acted on her behalf may have to payment or reparation by Germany, Austria, Hungary or Turkey, or their nationals, particularly any claims which may arise now or hereafter in the fulfilment of undertakings made between Bulgaria and those Powers during the war.
Any sums which the Reparation Commission may recover in respect of such claims shall be transferred to the credit of Bulgaria on account of the sums due for reparation.
ARTICLE 146.
Any monetary obligation arising out of the present Treaty shall be understood to be expressed in terms of gold, and shall, unless some other arrangement is specifical provided for in any particular case under the terms of this Treaty or any treaty or agreement supplementary thereto, 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 purposes 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.
PART IX.ECONOMIC CLAUSES.SECTION I.COMMERCIAL RELATIONS.CHAPTER 1.CUSTOMS REGULATIONS, DUTIES AND RESTRICTIONS.ARTICLE 147.
Bulgaria undertakes that goods the produce or manufacture of any one of the Allied or Assoc ated States imported into Bulgarian 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.
Bulgaria will not maintain or impose any prohibition or restriction on the importation into Bulgarian 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 148.
Bulgaria further undertakes that, in the matter of the regime applicable on importation, no discrimination against the com- merce 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 149.
In all that concerns exportation Bulgaria undertakes that goods, natural products or manufactured articles exported from Bulgarian 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.
Bulgaria 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 150.
Every favour, immunity or privilege in regard to the importation, exportation or transit of goods granted by Bulgaria 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 151
During the period of one year after the coming into force of the present Treaty, the duties imposed by Bulgaria on imports from Allied and Associated States shall not be higher than the most favourable duties which were applied to imports into Bulgaria on July 28, 1914.
The payment of customs duties on such imports on a gold basis may, subject to the provisions of Article 150, be required in all cases where by Bulgarian law such payment in gold could be required on July 28, 19I4, provided that the rate of conversion of gold notes shall be periodically fixed by the Reparation Commission.
CHAPTER II.SHIPPING.ARTICLE 152.
As regards sea fishing, maritime coasting trade and maritime towage, vessels of the Allied and Associated Powers shall enjoy in Bulgaria, even in territorial waters the treatment accorded to vessels of the most favoured nation.
ARTICLE 153.
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 Bulgaria before the war, or which may hereafter be recognised as valid by the principal maritime States, shall be recognised by Bulgaria as valid
and as equivalent to the corresponding certificates issued to Bulgarian 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 seawcoast or not, provided that such certificates and documents shall be issued in 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 sea-coast 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 IIIUNFAIR COMPETITION.ARTICLE 154.
Bulgaria 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.
Bulgaria undertakes to prohibit and repress by seizure and by other appropriate remedies the importation, exportation, manufacture, distribution, sale or offering for sale in her territory of all goods bearing upon themselves or their usual get-up or wrappings any marks, names, devices or descriptions whatsoever which are calculated to convey, directly or indrectly, a false indication of the origin, type, nature or special characteristics of such goods.
ARTICLE 155.
Bulgaria 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 wines 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 impor tation, exportation, manufacture distribution, saie or offering for sale of products or articles bearing regional appellations inconsistent with such law or order shall be prohibited by Bulgaria and repressed by the measures prescribed in the preceding Article.
CHAPTER IV.TREATMENT OF NATIONALS OF ALLIED AND ASSOCIATED POWERS.ARTICLE 156.
Bulgaria 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, or on the nationals of any more favoured nation 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 1, 1914, to the nationals of such Powers unless such restriction is likewise imposed on her own nationals.
ARTICLE 157.
The nationals of the Allied and Associated Powers shall enjoy in Bulgarian 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 158.
Bulgaria 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 159.
The Allied and Associated Powers may appoint consuls-general, consuls, vice-consuls, and consular agents in Bulgarian towns and ports. Bulgaria 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 160.
The obligations imposed on Bulgaria by Chapter I and by Article I52 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 156 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 ot Nations.
ARTICLE 161.
If the Bulgarian 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 162.
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 Bulgaria and those of the Allied and Associated Powers party thereto:
(I) Convention of October II, 1909, regarding the international circulation of motor-cars.
(2) Agreement of May I5, 1886, regarding the sealing of railway trucks subject to customs inspection, and Protocol of May 18, 1907.
(3) Agreement of May 15, I886, regarding the technical standardisation of railways.
(4) Convention of July 5, I890, regarding the publication of customs tariffs and the organisation of an International Union for the publication of customs tariffs.
(5) Convention of May 20, 1875, regarding the unification and improvement of the metric system.
(6) Convention of November 29, 1906, regarding the unifica- tion of pharmacopseial formulae, for potent drugs.
(7) Convention of June 7, 1905, regarding the creation of an International Agricultural Institute at Rome.
(8) Arrangement of December 9, 1907, for the creation of an International Office of Public Hygiene at Paris.
ARTICLE 163.
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, Bulgaria undertaking to comply with the special stipulations contained in this Article.
Postal Conventions.
Conventions and agreements of the Universal Postal Union concluded at Vienna on July 4, 1891.
Conventions and agreements of the Postal Union signed at Washington on June 15, 1897
Conventions and agreements of the Postal Union signed at Rome on May 26, 1906.
Telegraphic Conventions.
International telegraphic conventions signed at St. Petersburg on July 10/22, 1875.
Regulations and tariffs drawn up by the International Telegraphic Conference, Lisbon, June 11, 1908.
Bulgaria 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 I64.
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 5, 1912, Bulgaria undertaking to comply with 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 communication should have been concluded to take the place of the Convention of July 5, 1912, this new convention shall bind Bulgaria, even if Bulgaria 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 165.
Until the conclusion of a new convention concerning fishing in the waters of the Danube to replace the Convention of November 29, 1901, the transitory regime to be established will be settled by an arbitrator appointed by the European Commission of the Danube.
ARTICLE 166.
Bulgaria undertakes:
(I) Within a period of twelve months from the coming into force of the present Treaty to adhere in the prescribed form to the International Convention of Paris of March 20, 1883, fowr the protection of industrial property revised at Washington on June 2, 19ll, and the Internationai Convention of Berne of September 9, 1886, for the protection of literary and artistic works, revised at Berlin on November 13, 1908, and the Additional Protocol of Berne of March 20, 1914, relating to the protection of literary and artistic works;
(2) Within the same period to recognise and protect by PART VII.Conventions the industrial, literary, and artistic property of nationals of the Allied and Associated States.
In addition and independently of the obligations mentioned above, Bulgaria undertakes to continue to assure such recognition and such protection to all the industrial, literary, and artistic property of the nationals of each of the Allied and Associated States to an extent at least as great as upon July 28, 19l4, and upon the same conditions.
ARTICLE 167.
Bulgaria undertakes to adhere to the conventions and agree. ments hereunder enumerated, or to ratify them:
(I) Conventions of March 14, 1884, December 1, 1886, and March 23,1887, and Final Protocol of July 7, 1887, regarding the protection of submarine cables.
(2) Convention of December 31, 1913, regarding the unification of commercial statistics.
(3) Conventions of September 23, 19l0, respecting the unification of certain regulations regarding collisions and salvage at sea.
(4) Convention of December 21, 1904, regarding the exemption of hospital ships from dues and charges in ports.
(5) Convention of September 26, 1906, for the suppression of night work for women.
(6) Convention of September 26, 1906 for the suppression of the use of white phosphorus in the manufacture of matches.
(7) Conventions of May 18, 1904, and May 4, 1910, regarding the suppression of the White Slave Traffic.
(8) Convention of May 4, 1910, regarding the suppression of obscene publications.
(9) Sanitary Conventions of January 30, 1892, April 15, 1893, April 3, 1894, March 19, 1897, and December 3, 1903.
(l0) Conventions of November 3, 1881, and April 15, 1889, regarding precautionary measures against phylloxera.
(11) Convention of March 19, 1902, regarding the protection of birds useful to agriculture.
ARTICLE 168.
Each of the Allied or Associated Powers, being guided by the general principles or special provisions of the present Treaty, shall notify to Bulgaria the bilateral treaties or conventions of all kinds which such Allied or Associated Power wishes to revive with Bulgaria.
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 Bulgaria The date of the revival shall be that of the notification.
The Allied and Associated Powers undertake among themselves not to revive with Bulgalia 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 Bulgaria; all the others are and shall remain abrogated.
The above mles apply to all bilateral treaties or conventions existing between the Allied and Associated Powers and Bulgaria even if the said Allied and Associated Powers have not been in a state of war with Bulgaria.
ARTICLE 169.
Bulgaria recognises that all the treaties, conventions or agreements which she has concluded with Germany, Austria, Hungary or Turkey since August 1, 1914, until the coming into force of the present Treaty are and remain abrogated by the present Treaty.
ARTICLE 170.
Bulgaria undertakes to secure to the Allied and Associated Powers, and to the officials and nationals of the said Powers, the enjoy
ment of all the rights and advantages of any kind which she may have granted to Germany, Austria, Hungary or Turkey, or to the offficials and nationals of these States by treaties, conventions or arrangements concluded before August x, 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 171.
Bulgaria 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, before August 1, 1914, or after that date until the coming into force of the present Treaty, or with Roumania after August 15, 1916, until the coming into force of the present Treaty, are and remain abrogated.
ARTICLE 172.
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, 19l4, 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 Bulgaria or to a Bulgarian national, such concessions, privileges and favours are ipso facto annulled by the present Treaty.
No claims or indemnities which may result from this annulment shall 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 173.
From the coming into force of the present Treaty Bulgaria undertakes to give the Allied and Associated Powers and their nationals the benefit ipsofacto of the rights and advantages of any kind which she has granted by treaties, conventions or arrangements to non-belligerent States or their nationals since August 1, 19l4, until the coming into force of the present Treaty, so long as those treaties, conventions or arrangements remain in force.
ARTICLE 174.
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 19l4.
ARTICLE 175.
The immunities and privileges ot foreigners as well as the rights of jurisdiction and of consular protection enjoyed by the Allied and Associated Powers in Bulgaria by virtue ot the capitulations, usages and treaties, may form the subject of special conventions between each of the Allied and Associated Powers concerned and Bulgaria.
The Principal Allied and Associated Powers will enjoy in Bulgaria in the matters mentioned above most favoured nation treatment.
The Allied and Associated Powers concerned undertake among themselves to conclude only such conventions as shall conform to the stipulations of the present Treaty. In case of difference of opinion among them, the League of Nations will be called upon to decide.
SECTION IIIDEBTS.ARTICLE 176.
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 befcre the war and due by a national of one of the Contracting Powerss residing within its territory, to a national of an Opposing Power, residing within its terntory;
(2) Debts which became payable during the war to nationals of one Contracting Power residing within its territory and arose out of transactions or corxtracts with the nationals of an Opposing Power, resident within its territory, of which the total or partial execution was suspended on account of the existence of a state 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 or taken over 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 throagh 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 Contracting Powers by the nationals of an Opposing Power 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 credi
ted 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. lf 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 Power concerned and Bulgaria.
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 Power concerned, then the above provisions concerning the rate of exchange shall not apply.
In the case of the new States of Poland and Czecho-Slovakia 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 VII (Reparation), unless they shall have been previously settled by agreement between the States interested;
(e) The provisions of this Article and of the Annex hereto shall not apply as between Bulgaria 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 Treatybby the Power in question, or of the ratification on behalf of such Dominion or of India, notice to that effect is given to Bulgaria bythe 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 agree between themselves to apply them to their respectivenationals established in their territory so far as regards matters between their nationals and Bulgarian nationals. In this casetie payments made by application of this provision will be subjet 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 176, paragraph (e), establish a Clearing Office for the collection and payment of enemy debts.
Local Clearing Offices maybe 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 respeetive districts, except that all transactions with the Clearing øfice 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 176 are described as “enemy debts,” the persons from whom the sarne 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 176 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 176 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 abankruptcy” 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.
5
Creditors shall give notice to the Creditor Clearing Office within six months of its establishment of debts due to them, and shall furnish the Clearing Office with any documents and information required of them.
The High Contracting Parties will take all suitable measures to trace and punish collusion between enemy creditors and debtors. The Clearing Offices will communicate to one another any evidence and information which might help the discovery and punishment of such collusion.
The High Contracting Parties will facilitate as much as possible postal and telegraphic communication at the expense of the parties concerned and through the intervention of the Clearing Offices between debtors and creditors desirous of coming to an agreement as to the amount of their debt.
The Creditor Clearing Office will notify the Debtor Clearing Office of all debts declared to it. The Debtor Clearing Office will, in due course, inform the Creditor Clearing Office which debts are admitted and which debts are contested. In the latter case, the Debtor Clearing Office will give the grounds for the non-admission of debt.
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 every three months and the credit balance paid in cash by the debtor State within a month.
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 176, 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 cfeditor, 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 a decision of the Clearing Offices or the Mixed Arbitral Tribunal a claim is held not to fall within Article 176, 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 ren
der 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 177.
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 Bulgaria 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 178. The Bulgarian Government will revoke all legislative or administrative provisions which it may have made during the war forbidding companies of Allied and Associated na-tionality or companies in which Allied or Associated nationals are interested to enjoy the benefit of concessions or contracts in Bulgaria.
(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 Bulgarian 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 Bulgarian owner shall not be able to dispose of such property, rights and interests nor to subject them to any charge without the consent of that State.
Bulgarian 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 Bulgarian na- tionals 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 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 Bulgaria or her nationals on the other hand, all the exceptional war measures, or measures of transfer, put into operation by the Allied and Associated Powers, 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. If, however, in the States referred to in paragraph (i) of this Article measures prejudicial to the property, rights and interests of Bulgarian nationals and not in accordance with the local law have been taken, the Bulgarian proprietor shall be entitled to compensation for the damage caused to him. This compensation shall be fixed by the Mixed Arbitral Tribunal provided by Section VI. The same measures and all others affecting the property, rights and interests of nationals of the Allied and Associated Powers — notably acts of requisition or seizure, wheresoever effected, by the civil or military authorities, the troops or the population of Bulgaria, or effected in Bulgaria by the civil or military authorities or the troops of the Powers allied with Bulgaria — are all declared void, and the Bulgarian Government will take all measures necessary for the restoration of such property, rights and interests.
(e) The nationals of Alled 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 Bulgarian territory as it existed on September 20, 1915, 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 Bulgaria, and may be charged upon the property of Bulgarian 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 Bulgaria.
( f) Whenever a national of an Allied or Associated Power is entitled to property which has been subjected to a measure of transfer in Bulgarian territory and expresses a desire for its restitution, his claim for compensation in accordance with paragarph (e) shall be satisfied by the restitution of the said property if it still exists in specie.
In such case Bulgaria shall take all necessary steps to restore the evicted owner to the possession of his property, free from all encumbrances or burdens with which if may have been charged after the liquidation, and to indemnify all third parties injured by the restitution.
If the restition provided for in this paragraph cannot be effected, private agreements aranged 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 Alled 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 applicatbn 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 there
to, 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 Bulgaria resulting therefrom shall be dealt with as provided in Article 129, Part VII (Reparation), of the present Treaty.
(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 Bulgaria 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 Bulgarian 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 proceds thereof or cash assets not used as above provided may be retained by the said Allied and Associated Power, and if retained the cash value theref shall be dealt with as provided in Article 129, Part VII (Reparation), of the present Treaty.
(i) In the case of liquidations effected in new States which are signatories of the present Treaty as Allied and Associated Powers or in States to which Bulgarian territory is transferred by the present Treaty, or in States which are not entitled to share in the reparation payments to be made by Bulgaria, the proceeds of liquidations effected by such States shall, subject to the rights of the Reparation Commission under the present Treaty, particularly under Article 121, Part VII (Reparation), of the present Treaty, 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 eonditions 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, the Tribunal or arbitrator shall have discretion to award to the owner equitable compensation to be paid by that State.
(j) Bulgaria undertakes to compensate her nationals in respect of the sale or retention of their property, rights or interests in Allied or Associated States. (k) The amount of all taxes and imposts upon capital levied or to be levied by Bulgaria on the property, rights and interests of the nationals of the Allied or Associated Powers from September 29, 1918, until three months from the coming into force of the present Treaty, or, in the case of property, rights and 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 178.
Bulgaria 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 177:
(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 Bulgarian 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 Bulgarian nationals, and to pay adequate compensation in the event of the application of these measures.
ARTICLE 179.
Diplomatic or consular claims made before the war by the Representatives or Agents of the Allied and Associated Powers with regard to the private property, rights or interests of nationals of those Powers shall, on the application of the Power concerned, be siubmitted to the Mixed Arbitral Tribunal provided for in Section Vl.
ANNEX.I.
In accordance with the provisions of Article 177, 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 Allied and Associated Powers 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 Allied and Associated Powers, 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.
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 Bulgaria or by any Bulgarian 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 I77 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 collection 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 Bulgarian 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 Bulgarian territory, or debts owing to them by Bulgarian nationals, and with payment of claims growing out of acts committed by the Bulgarian Government or by any Bulgarian authorities since October 11, 1915, and before that Allied or Associated Power entered into the war. The amount of such claims may be assessed by an arbitrator appointed by M. Gustav 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 Vl. 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 177, 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 Bulgaria to the use of trade-marks 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 Bulgarian company, and these unique means of reproduction shall be handed over to the former company, notwithstanding any action taken under Bulgarian war legislation with regard to the latter company or its business, industrial property or shares. Nevertheless, the former company, if requested, shall deliver to the latter company derivative copies permitting the continuation of reproduction of articles for use within Bulgarian territory.
6.
Up to the time when restitution is carried out in accordance with Article 177, Bulgaria 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 Associate effective legislation in accordan rights and interests over which they intend to exercise the right provided in Article 177, paragraph (f).
8.
The restitution provided in Article 177 will be carried out by order of the Bulgarian C,overnment 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 Bulgarian 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 by Article 177 paragraph (b), the property, rights, and interests of Bulgarian nationals will continue to be subject to exceptional war measures that have been or will be taken with regard to them.
10.
Bulgaria will, within six months of 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.
Bulgaria 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 Bulgarian nationals within the territory of such Allied or Associated Power, or with regard to any transactions concerning such property, rights or interests effected since September 1, 1915.
11.
The expression “cash assets” includes all deposits or funds established before or after the existence of a state 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, Bulgaria will deliver to the Allied and Associated Powers all accounts, vouchers, records, documents and information of any kind which may be within Bulgarian 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 Bulgarian territory or in territory occupied by Bulgaria or her allies.
The controllers, supervisors, managers, administrators, sequestrators, liquidators and receivers, shall be personally responsible under guarantee of the Bulgarian Government for the immediate delivery in full of these accounts and documents, and for their accuracy.
14.
The provisions of Article 177 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 177 between Bulgaria 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 appl
y unless the Government of the Allied or Associated Power concerned shall, within six months of the coming into force of the present Treaty, notify Bulgaria that one or more of the said provisions are not to be applied.
15.
The provisions of Article 177 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 177, paragraph (b).
SECTION V.CONTRACTS, PRESCRIPTIONS, JUDGMENTS.ARTICLE 180.
(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 Government of the Allied or Associated Power 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 Vl shall be empoweredl 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 183, nor the Annex hereto shall apply to contracts made between nationals of these States and Bulgarian nationals; nor shall Article 189 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 181.
Transfers of territory under the present Treaty shall not preju- dice the private rights referred to in the Treaties of Constantinople, 1913, of Athens, 1913, and of Stamboul, 1914.
Transfers of territory by or to Bulgaria under the present Treaty shall similarly and to the same extent ensure the protection of these private rights.
In case of disagreement as to the application of this Article the difference shall be submitted to an arbitrator appointed by the Council of the League of Nations.
ARTICLE 182.
Concessions, guarantees of receipts, and rights of exploitation in Bulgarian territory as fixed by the present Treaty in which nationals of the Allied and Associated Powers, or companies or associations controlled by such nationals, are interested may in case either of abnormal conditions of working or of dispossession resulting from conditions or measures of war be extended on the application of the interested party, which must be presented within three months from the coming into force of the present Treaty, for a period to be determined by the Mixed Arbitral Tribunal, which shall take aecount of the period of dispossession or of abnormal conditions of working.
All arrangements approved or agreements come to before the entry of Bulgaria into the war between the Bulgarian authorities and companies or associations controlled by Allied financial groups are confirmed. Nevertheless, periods of time, prices and conditions therein laid down may be revised having regard to the new economic conditions. In case of disagreement the decision shall rest with the Mixed Arbitral Tribunal.
ARTICLE 183.
(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 Bulgarian 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 Bulgarian 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 Bulgaria in invaded or occupied territory, if they have not been otherwise compensated.
(f) Bulgaria 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 184.
As between enemies no n
egotiable 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 non-payment 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 non-payment or protest may be made.
ARTICLE 185.
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 Bulgaria as final, and shall be enforced without it being necessary to have them declared executory.
If a judgment or measure of execution in respect of any dispute which may have arisen has been given during the war by a Bulgarian judicial authority against a national of an Allied or Associated Power or a company or association in which one of such nationals was interested, in a case in which either such national or such company or association was not able to make their defence, the Allied or 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 Bulgarian 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 186.
Any company incorporated in accordance with some law other than that of Bulgaria owning property, rights or interests in Bulgaria, which is now or shall hereafter be controlled by nationals of the Allied and Associated Powers, shall have the right, within five years from the coming into force of the present Treaty, to transfer its property, rights and interest to another company incorporated in accordance with Bulgarian law or the law of one of the Allied and Associated Powers whose nationals control it; and the company to which the property is transferred shall continue to enjoy the same rights and privileges which the other company enjoyed under the laws of Bulgaria and the terms of the present Treaty. This company shall not be subjected to any special tax on account of this transfer.
ARTICLE 187.
For the purpose of Sections III, IV, V and Vll, 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 Bulgaria and the coming into force of the present Treaty.
ANNEX.I. General Provisions.I.
Within the meaning of Articles 180, 183 and 184, the parties to a contract shall be regarded as enemies when trading between them shall have been prohibited by or otherwise become 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 180 and, without prejudice to the rights contained in Article 177 (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, including contracts and concessions concluded or accorded by the Turkish Government in the territories ceded by the Turkish Empire to Bulgaria before the coming into force of the present Treaty.
3
lf the provisions of a contract are in part dissolved under Article 180, the remaining provisions of that contract shall, subject to the same application of domestic law as is provided for in pararaph 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 Exhcange 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 Contncting Parties, as also any action taken thereunder, provided(1) That the eontract 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 Excanges or Commercial Associations in the districts occupied by the enemy
5
The sale of a security held for an unpaid debt owing by an enemy shiall be deemed to have been valid irrespective of notice to the owner if the creditor acted in good fairth 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 shalll 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
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 liablele to indemnify the former in respect of his liability notwithstanding the outbreak of war
III Contracts of Insurance8
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 re 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.
11.
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.
12.
Any sum which during the war became due upon a contract deemed not to have been dissolved under paragraph 1 l 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 non-payment of premiums, or has become void from breach of the conditions of the contract, the assured or his representatives or the persons 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 non-payment 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.
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 non-payment 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 insurance for the purpose of paragraphs 1l 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 contrect 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 9 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-insurance20.
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.
SECTION IV.PROPERTY, RIGHTS AND INTERESTS..
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.
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 188.
(a) Within three months from 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 Bulgaria 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, in case there is a vacancy, a Government does not proceed within a period of one month to appoint as provided above 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, Vll and Vlll.
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 Bulgarian 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 Jrbitral 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 remun- eration 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 functions, 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 offficers 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.
Bulgaria agrees to give the Tribunal all facilities and informati
on 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, or Italian, 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 189.
Whenever a competent court has given or gives a decision in a case covered by Sections III, IV, V, Vll or Vlll, 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 Bulgarian court.
SECTION VII.INDUSTRIAL PROPERTY.ARTICLE 190
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 166, 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 Bulgarian 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 Bulgaria or Bulgarian 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 the second paragraph of this Article shall be dealt with in the same way as other sums due to Bulgarian nationals are directed to be dealt with by the present Treaty; and sums produced by any special measures taken by the Bulgarian 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 Bulgarian 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 Bulgarian 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 Bulgaria of the rights of industrial, literary and artistic property held in Bulgarian territory by its nationals, or for securing the due fulfilment of all the obligations undertaken by Bulgaria 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 Bulgarian 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 177, paragraph (b).
ARTICLE 191.
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 Bulgarian 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 192.
No action shall be brought and no claim made by persons re- siding or carrying on business within the territories of Bulgaria 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 existence of a state 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 Article 191.
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 Bulgaria on the other, of products or articles manufactured, or of literary or artistic works published, during the period between the existence of a state 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 Bulgaria during the war.
This Article shall not apply as between the United States of America on the one hand and Bulgaria on the other.
ARTICLE 193.
Licences 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 Bulgarian nationals, on the other part, shall be considered as cancelled as from the date of the existence of a state of war between Bulgaria 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 licence, 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 hacl been acquired, except in the case of licences held in respect of rights acquired under Bulgarian law. In such cases the conditions shall be fixed by the Mixed Arbitral Tribunal referred to in Section Vl 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 licence in respect of industrial, literary or artistic property granted under the special war legislatio Powers will specify the property rights and interests over which they intend to exerc licence entered into before the war, but shall remain valid and of full effect, and a licence so granted to the former beneficiary of a licence entered into before the war shall be considered as substituted for such licence.
Were sums have been paid during the war by virtue of a licence 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 Bulgarian nationals, as provided by the present Treaty.
This Article shall not apply as between the United States of America on the one hand and Bulgaria on the other.
ARTICLE 194.
The inhabitants of territories transferred under the present Treaty shall, notwithstanding this transfer and the change of nationality consequent thereon, continue to enjoy in Bulgaria all the rights in industrial, literary and artistic property to which they were entitled under Bulgarian legislation at the time of the transfer.
Rights of industrial, literary and artistic property which are in force in the territories transferred under the present Treaty at the moment of their transfer from Bulgaria, or which will be re-established or restored in accordance with the provisions of Article 190, 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 Bulgarian law.
ARTICLE 195.
A special convention shall determine all questions relative to the records, registers and copies in connection with the protection of industrial, literary or artistic property, and fix their eventual transmission or communication by the Bulgarian Offices to the Offices of the States to which Bulgarian territory is transferred.
SECTION VIII.SPECIAL PROVISIONS RELATING TO TRANSFERRED TERRITORY.ARTICLE 196.
Of the individuals and juridical persons previously nationals of Bulgaria those who acquire ipsofacto under the present Treaty the nationality of an Allied or Associated Power are designated in the provisions which follow by the expression “former Bulgarian nationals,” the remainder being designated by the expression “Bulgarian nationals.”
ARTICLE 197.
The Bulgarian Government shall without delay restore to former Bulgarian nationals their property, rights and interests situated in Bulgarian territory. The said property, rights and interes1.s shall be restored free of any charge or tax established or increased since September 29,1918.
The amount of taxes and imposts on capital which have been levied or increased on the property, rights and interests of former Bulgarian nationals since September 29, 1918, or which shall be levied or increased until restitution in accordance with the provisions of the present Treaty, or, in the case of property, rights, and interests which have not been subjected to exceptional measures of war, until three months from the coming into force of the present Treaty, shall be returned to the owners.
The property, rights, and interests restored shall not be subject to any tax levied in respect of any other property or any other business owned by the same person after such property had been removed from Bulgaria, or such business had ceased to be carried on therein.
If taxes of any kind have been paid in anticipation in respect of property, rights and interests removed from Bulgaria, the proportion of such taxes paid for any period subsequent to the removal of the property, rights and interests in question shall be returned to the owners.
Legacies, donations and funds given or established in Bulgaria for the benefit of former Bulgarian nationals shall be placed by Bulgaria, so far as the funds in question are in her territory, at the disposition of the Allied or Associated Power of which the persons in question are now nationals, in the condition in which these funds were on September 20, 1915, taking account of payments properly made for the purpose of the Trust.
ARTICLE 198.
All contract
s between former Bulgarian nationals of the one part and Bulgaria or Bulgarian nationals of the other part, which were made before September 29, 1918, and which were in force at that date, shall be maintained.
Nevertheless, any contract of which the Government of the Allied or Associated Power whose nationality the former Bulgarian national who is a party to the contract has acquired shall notify the cancellation, made in the general interest, to Bulgaria within a period of six months from 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.
The cancellation above referred to shall not be made in any case where the Bulgarian national who is a party to the contract shall have received permission to reside in the territory transferred to the Allied or Associated Power concerned.
ARTICLE 199.
If the annulment provided for in Article 52 would cause one of the parties substantial prejudice, the Mixed Arbitral Tribunal provided for by Section VI of this Part shall be empowered to grant to the prejudiced party compensation calculated solely on the capital employed, without taking account of the loss of profits.
ARTICLE 200.
With regard to prescriptions, limitations and forfeitures in territory transferred from Bulgaria, the provisions of Articles 183 and 184 shall be applied with substitution for the expression “outbreak of warn of the expression “date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations between the parties became impossible in fact or in law,” and for the expression “duration of the war” of the expression “period between the date above indicated and that of the coming into force of the present Treaty.”
. ARTICLE 201.
Bulgaria undertakes to recognise, so far as she may be con-erned, any agreement or convention which has been or shall be made between the Allied and Associated Powers for the purpose of safeguarding the rights and interests of the nationals of these Powers interested in companies or associations constituted according to the laws of Bulgaria, which exercise any activities whatever in the transferred territories. She undertakes to facilitate all measures of transfer, to restore all documents or securities, to furnish all information, and generally to accomplish all acts or formalities appertaining to the said agreements or conventions.
ARTICLE 202.
The settlement of questions relating to debts contracted before September 29, 1918, between Bulgaria or Bulgarian nationals resident in Bulgaria of the one part and former Bulgarian nationals resident in the transferred territories of the other part, shall be effected in accordance with the provisions of Article 176 and the Annex thereto, the expression “before the war” being replaced by the expression “before the date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations between the parties became impossible in fact or in law.”
If the debts were expressed in Bulgarian currency they shall be paid in that currency; if the debt was expressed in any currency other than Bulgarian, it shall be paid in the currency stipulated.
ARTICLE 203.
Without prejudice to other provisions of the present Treaty, the Bulgarian Government undertakes to hand over to any Power to which Bulgarian territory is transferred such portion of the reserves accumulated by the Government or the administrations of Bulgaria, 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 handed over must apply them to the performance of the obligations arising from such insurances.
The conditions of the delivery will be determined by special conventions to be concluded between the Bulgarian 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 Bulgarian 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 Bulgaria and the other States concerned.
PART X.AERIAL NAVIGATION.ARTICLE 204.
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 Bulgaria, and shall enjoy the same privileges as aircraft belonging to Bulgaria, particularly in case of distress by land or sea.
ARTICLE 205.
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 Bulgaria without landing, subject always to any regulations which may be made by Bulgaria, and which shall be applicable equally to the aircraft of Bulgaria and to those of the Allied and Associated countries.
ARTICLE 206.
All aerodromes in Bulgaria 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 Bulgarian aircraft as regards charges of every description, including charges for landing and accommodation.
ARTICLE 207.
Subject to the present provisions, the rights of passage, transit and landing provided for in Articles 204, 205 and 206 are subject to the observance of such regulations as Bulgaria may consider it necessary to enact, but such regulations shall be applied without distinction to aircraft belonging to Bulgaria and to the aircraft of the Allied and Associated countries.
ARTICLE 208.
Certificates of nationality, airworthiness, or competency and licences, issued or recognised as valid by any of the Allied and Associated Powers, shall be recognised in Bulgaria as valid and as equivalent to the certificates and licences issued by Bulgaria.
ARTICLE 209.
As regards internal commercial air traffic the aircraft of the Allied and Associated Powers shall enjoy in Bulgaria most favoured nation treatment.
ARTICLE 210.
Bulgaria undertakes to enforce the necessary measures to ensure that all Bulgarian 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 211.
The obligations imposed by the provisions of this Part shall remain in force until January 1, 1923, unless before that date Bulgaria shall have been admitted into the League of Nations or shall have been authorized by consent of the Allied and Associated Powers to adhere to the Convention relative to Aerial Navigation concluded between those Powers.
PART Xl.PORTS, WATERWAYS AND RAILWAYSSECTION I.GENERAL PROVISIONS.ARTICLE 212
Bulgaria 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 Bulgaria 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 trahic. No charge, facility or restriction shall depend directly or indirectly on the ownership or on the nationality of any ship or other means of transport on which any part of the through journey has been, or is to be, accomplished.
ARTICLE 213.
Bulgaria 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 214.
Bulgaria 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 transhipment on the journey; or on whether any port through which the goods are imported or exported is a Bulgarian 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.
Bulgaria 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 Bulgarian 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 Bulgarian port or a port of any other Power, or used a Bulgarian vessel or a vessel of any other Power.
ARTICLE 215.
All necessary administrative and technical measures shall be taken to shorten, as much as possible, the transmission of goods across the Bulgarian 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 Bulgarian 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 216.
The seaports of the Allied and Associated Powers are entitled to all favours and to all reduced tariffs granted on Bulgarian railways or navigable waterways for the benefit of Bulgarian ports or of any port of another Power.
Bulgaria 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 Bulgaria to her own ports or the ports of any other Power.
ARTICLE 217.
Notwithstanding any contrary provision in existing conventions, Bulgaria undertakes to grant, on the lines most convenient for international transit, and subject to the tariffs in force, liberty of transit to telegraphic messages and telephone communications to or from any of the Allied and Associated Powers, whether contiguous or not. These messages and communications shall not be submitted to any unnecessary delays or restrictions and shall be entitled in Bulgaria to national treatment as regards facilities and rapidity of transmission. No charge, facility or restriction shall depend either directly or indirectly on the nationality of the sender or addressee.
SECTION II.NAVIGATION.CHAPTER I.FREEDOM OF NAVIGATION.ARTICLE 218.
The nationals of any of the Allied and Associated Powers, as well as their vessels and property, shall enjoy in all Bulgarian ports and on the inland navigation routes of Bulgaria the same treatment in all respects as Bulgarian 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 Bulgarian territory to which Bulgarian 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, lighthouse, 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 Bulgaria 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.CLAUSES RELATING TO THE DANUBE.(I) General Clauses relating to River Systems declared International.ARTICLE 219.
The following river is declared international: the Danube from Ulm; together with all navigable parts of this river system which naturally provide more than one State with access to the sea, with or without transhipment from one vessel to another, as well as lateral canals and channels constructed either to duplicate or to improve naturally navigable sections of the specified river system or to connect two naturally navigable sections of the same river.
Any part of the above-mentioned river system which is not included in the general definition may be declared international by an agreement between the riparian States.
ARTICLE 220.
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 perfect 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.
ARTICLE 221.
Bulgarian 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.
Bulgaria undertakes to maintain, in favour of the Allied and Associated Powers and of their subjects, all the facilities enjoyed by them in Bulgarian ports before the war.
ARTICLE 222.
Where such charges are not precluded by any existing convention, 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 223.
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 224.
No dues of any kind other than those provided for in this 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 and other similar constructions.
ARTICLE 225.
In default of any special organisation for carrying out the works connected with the upkeep and improvement of the inter- national 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, may appeal to the tribunal instituted for this purpose by the League of Nations.
ARTICLE 226.
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, 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 227.
The regime set out in Articles 220 and 222 to 226 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 latter Convention shall apply in particular to the whole or part of the above-mentioned river system of the Danube, and such other parts of that river system as may be covered by a general definition.
Bulgaria undertakes, in accordance with the provisions of Article 248, to adhere to the said General Convention.
ARTICLE 228.
Bulgaria 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 system referred to in Article 2ig after the deduction of those surrendered by way of restitution or reparation. Bulgaria shall in the same way cede material of all kinds necessary to the Allied and Associated Powers concerned for the utilisation of that river system.
The number of the tugs and vessels, 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.
When the cessions provided for in the present Article necessitate the acquisition of property which was privately owned on October I5, 1918, or since that date, the arbitrator or arbitrators shall determine the rights of the former owners as they stood on October I5, 1918, and the amount of the compensation to be paid to them, and shall also direct the manner in which such payment is to be effected in each case. If the arbitrator or arbitrators find that the whole or part of this sum will revert directly or indirectly to Powers from whom reparation is due, they shall decide the sum to be placed under this head to the credit of the said Powers.
As regards the Danube the arbitrator or arbitrators referred to in this Article will also decide all questions as to the permanent a
llocation, and the conditions thereof, of the vessels whose ownership or nationality is in dispute between States.
Pending final allocation the control of these vessels shall be vested in a Commission consisting of representatives of the United States of America, the British Empire, France and Italy, who will be empowered to make provisional arrangements for the working of these vessels in the general interest by any local in force until three months after the coming into without prejudice to the final allocation.
As far as possible these provisional arrangements will be on a commercial basis, the net receipts by the Commission for the hire of these vessels being disposed of as directed by the Reparation Commission.
(2) Special Clauses relating to the Danube.ARTICLE 229.
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 230.
From the point where the competence of the European Commission ceases, the Danube system referred to in Article 219 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 presens Treaty, the decisions of the Commission shall nevertheless be valid.
ARTICLE 231.
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 220 and 222 to 226, until such time as a definitive statute regarding the Danube is concluded by the Powers nominated by the Allied and Associated Powers.
The decisions of this International Commission shall be taken by a majority vote. The salaries of the Commissioners shall be fixed and paid by their respective countries.
As a provisional measure any deficit in the administrative expenses of this International Commission shall be borne equally by the States represented on the Commission.
In particular this Commission shall regulate the licensing of pilots, charges for pilotage and the administration of the pilot service.
ARTICLE 232.
Bulgaria agrees to accept the regime which shall be laid down for the Danube by the Powers nominated by the Allied and Associated Powers, at a Conference which shall meet within one year after the coming into force of the present Treaty, and at which Bulgarian representatives may be present.
ARTICLE 233.
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 234.
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 235.
Bulgaria shall be obliged to make to the European Commission of the Danube all restitutions, reparations and indemnities for damage inflicted on the Commission during the war.
SECTION III.RAILWAYS.CHAPTER 1.CLAUSES RELATING TO INTERNATIONAL TRANSPORT.ARTICLE 236.
Goods coming from the territories of the Allied and Associated Powers and going to Bulgaria, or in transit through Bulgaria from or to the territories of the Allied and Associated Powers, shall enjoy on the Bulgarian railways, as regards charges to be collected (rebates and drawbacks being taken into account), facilitties, and all other matters, the most favourable treatment applied to goods of the same kind carried on any Bulgarian 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 Bulgaria and going to their territories.
International tariffs established in accordance with the rates referred to in the preceding paragraph and involving through way-bills shall be established when one of the Allied and Associated Powers shall require it from Bulgaria.
ARTICLE 237.
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 this 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, 1890, 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 Bulgaria, 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, Bulgaria shall conform to the provisions of the Berne Convention and the subsequent additions referred to above and to the current supplementary provisions.
ARTICLE 238.
Bulgaria 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 Bulgaria; in particular Bulgaria 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 Bulgarian internal services for the same distance, under the same conditions of speed and comfort.
The tariffs applicable under t
he 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 Bulgarian 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 239.
Bulgaria shall not apply specially to such through services or to the transportation of emigrants going to or coming from 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 240.
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 11.ROLLINGSTOCK.ARTICLE 241.
Bulgaria undertakes that Bulgarian 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 I5, 1886, as modified on May I8, 1907, without hampering the action of the continous brake which may be adopted in such countries within ten years of the coming into for c e of the present Treaty, and
(2) of the inclusion of wagons of such countries in all goods trains on Bulgarian lines.
the rollingstock of the Allied and Associated Powers shall enjoy on the Bulgarian lines the same treatment as Bulgarian rollingstock as regards movement, upkeep and repairs.
CHAPTER III.TRANSFER OF RAILWAY LINES.ARTICLE 242.
Subject to any special provisions concerning the transfer of ports, waterways and railways situated in the territory transferred under the present Treaty, and to the financial conditions relating to the concessionnaires and the pensioning of the personnel, the transfer of railways will take place under the following conditions:
(I) The works and installations of all the railroads shall be handed over complete and in good condition.
(2) Commissions of experts designated by the Allied and Associated Powers, on which Bulgaria shall be represented, shall fix the proportion of the stock existing on the system to be handed over. These Commissions shall have regard to the amount of the material registered on these lines in the last inventory before September 29, 1918, to the length of track (sidings included), and the nature and amount of the trafffic. These Com- missions 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 Bulgarian workshops.
(3) Stocks of stores, fittings and plant shall be handed over under the same conditions as the rollingstock.
ARTICLE 243
The establishment of all the new frontier stations between Bulgaria and the contiguous Allied and Associated States, as well as the working of the lines between these stations, shall be settled by agreements concluded between the railway administrations concerned. If the railway administrations are unable to come to an agreement the question shall be decided by Commissions of experts constituted as above.
CHAPTER IV.TRANSITORY PROVISIONS.ARTICLE 244.
Bulgaria shall carry out the instructions in regard to transport given her by an authorised body acting on behalf of the Allied and Associated Powers:
(I) 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 245.
Disputes which may arise between interested States with regard to the interpretation and application of this Part of the present Treaty shall be settled as provided by the League of Nations.
ARTICLE 246.
At any time the League of Nations may recommend the revision of such of the above Articles as relate to a permanent administrative regime.
ARTICLE 247.
The stipulations in Articles 212 to 218, 22I, 236, and 238 to 240 shall be subject to revision by the Council of the League of Nations at any time after three 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 three 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 three years during which reciprocity cannot be demanded may be prolonged by the Council of the League of Nations.
SECTION V.SPECIAL PROVISION.ARTICLE 248.
Without prejudice to the special obligations imposed on her by the present Treaty for the benefit of the Allied and Associated Powers, Bulgaria 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.
PART XII.LABOUR.See Treaty of VersaiUes, Part XIII, Pages 238-253.
PART XIII.MISCELLANEOUS PROVISIONS.ARTICLE 290.
Bulgaria undertakes to recognise and to accept the conventions made or to be made by the Allied and Associated Powers or any of them with any other Power as to the traffic in arms and in spirituous liquors, and also as to the other subjects dealt with in the General Act of Berlin of February 26, I885, and of Brussels of July 2, 1890, and the conventions completing or modifying the same.
ARTICLE 291.
The High Contracting Parties, while they recognise the guar- antees stipulated by the Treaties of 1815, and especially by the Act of November 20, 1815, 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 neutralised zone of Savoy, as laid down in paragraph I of Article 92 of the Final Act of the Congress on 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, 19l9, that after examining the provisions of Article 435 of the Peace conditions presented to Germany by the Allied and Associated Powers 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:
(I) 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 I8I5 and particularly by the Declaration of November 20, 18I5.
(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 I8I5 and of the Declaration of November 20, I8I5, 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 on of any Allied or Associate 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, 19I9, 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 thls 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 implies that no other Power but France and Switzerland will in future be interested in that question.
The French Government, on their part, are anxious to protect the interests of the French territories concerned, and, with that object, having their special situation in view, they bear in mind the desirability of assuring them a suitable customs regime and determining, in a manner better suited to present conditions, the methods of exchanges between these territories and the adjacent Swiss territories, while taking into account reciprocal interests of both regions.
It is understood that this must in no way prejudice the right of France to adjust her customs line in this region in conformity with her political frontier, as is done on the other portions of her territorial boundaries, and as was done by Switzerland long ago on her own boundaries in this region.
The French Government are pleased to note on this subject in what a friendly disposition the Swiss Government take this opportunity of declaring their willingness to consider any French proposal dealing with the system to be substituted for the present regime of the said free zones, which the French Government intend to formulate in the same friendly spirit.
Moreover, the French Government have no doubt that the provisional maintenance of the regime of 18I5 as to the free zones referred to in the above-mentioned paragraph of the note from the Swiss Legation of May 5, whose object is to provide for the passage from the present regime to the conventional regime, will cause no delay whatsoever in the establishment of the new situation which has been found necessary by the two Governments. This remark applies also to the ratification by the Federal Chambers, dealt with in paragraph I (a), of the Swiss note of May 5, under the heading “Neutralised zone of Haute-Savoie.”
ARTICLE 292.
The High Contracting Parties declare and place on record that they have taken note of the Treaty signed by the Government of the French Republic on July 17, 1918, with His Serene Highness the Prince of Monaco defining the relations between France and the Principality.
ARTICLE 293.
The High Contracting Parties agree that, in the absence of a subsequent agreement to the contrary, the Chairman of any Commission established by the present Treaty shall in the event of an equality of votes be entitl
ed to a second vote.
ARTICLE 294.
The Allied and Associated Powers agree that where Christian religious missions were being maintained by Bulgarian societies or persons in territory belonging to them, or of which the government is entrusted to them in accordance with the present Treaty, the property which these missions or missionary societies possessed, including that of trading societies whose profits were devoted to the support of missions, shall continue to be devoted to missionary purposes. In order to ensure the due execution of this undertaking the Allied and Associated Governments will hand over such property to boards of trustees appointed by or approved by the Governments and composed of persons holding the faith of the Mission whose property is involved.
The Allied and Associated Governments, while continuing to maintain full control as to the individuals by whom the Missions are conducted, will safeguard the interests of such Missions.
Bulgaria, taking note of the above undertaking, agrees to accept all arrangements made or to be made by the Allied or Associated Government concerned for carrying on the work of the said missions or trading societies and waives all claims on their behalf.
ARTICLE 295.
Without prejudice to the provisions of the present Treaty Bulgaria undertakes not to put forward directly or indirectly against any Allied or Associated Power, signatory of the present Treaty, any pecuniary claim based on events which occurred at any time before the coming into force of the present Treaty.
The present stipulation shall bar completely and finally all claims of this nature, which will be thenceforward extinguished, whoever may be the parties in interest.
ARTICLE 296.
Bulgaria accepts and recognises as valid and binding all decrees and orders concerning Bulgarian ships and Bulgarian goods and all orders relating to the payment of costs made by any Prize Court of any of the Allied or Associated Powers, and undertakes not to put forward any claim arising out of such decrees or orders on behalf of any Bulgarian national.
The Allied and Associated Powers reserve the right to examine in such manner as they may determine all decisions and orders of Bulgarian Prize Courts, whether affecting the property rights of nationals of those Powers or of neutral Powers. Bulgaria agrees to furnish copies of all the documents constituting the record of the cases, including the decisions and orders made, and to accept and give effect to the recommendations made after such examination of the cases.
With a view to minimising the losses arising from the sinking of ships and cargoes in the course of the war and to facilitating the recovery of ships and cargoes which can be salved and the adjustment of the private claims arising with regard thereto, the Bulgarian Government undertakes to supply all the information in their power which may be of assistance to the Governments of the Allied and Associated Powers or to their nationals with regard to vessels sunk or damaged by the Bulgarian naval forces during the period of hostilities.
THE PRESENT TREATY, in French, in English, and in Italian, shall be ratified. In case of divergence, the French text shall prevail, except in Parts I (Covenant of the League of Nations) and XII (Labour), where the French and English texts shall be of equal force.
The deposit of ratifications shall be made at Paris as soon as possible.
Powers of which the seat of the Government is outside Europe will be entitled merely to inform the Government of the French Republic through their diplomatic representative at Paris that their ratification has been given; in that case they must transmit the instrument of ratification as soon as possible.
A first procè-verbal of the deposit of ratifications will be drawn up as soon as the Treaty has been ratified by Bulgaria on the one hand, and by three of the Principal Allied and Associated Powers on the other hand.
From the date of this first procè-verbal the Treaty will come into force between the High Contracting Parties who have ratified it. For the determination of all periods of time provided for in the present Treaty this date will be the date of the coming into force of the Treaty.
In all other respects the Treaty will enter into force for each Power at the date of the deposit of its ratification.
The French Government will transmit to all the signatory Powers a certified copy of the procès-verbaux of the deposit of ratifications.
IN FAITH WHEREOF the above-named Plenipotentiaries have signed the present Treaty.
Done at Neuilly-sur-Seine, the twenty-seventh day of November, one thousand nine hundred and nineteen, in a single copy which will remain deposited in the archives of the French Republic, and of which authenticated copies will be transmitted to each of the Signatory Powers.
(L. S.) FRANK L. POLK.(L. S.) HENRY WHITE.(1.. S.) TASKER H. BLISS.(L. S.) CECIL HARMSWORTH.(L. S.) EYRE A. CROWE.(L. S.) GEORGE H. PERLEY.(L. S.) ANDREW FISHER.(L. S.) THOMAS MACKENZIE. (L. S.) R. A. BLANKENBERG.(L. S.) EYRE A. CROWE. (L. S.) G. CLEMENCEAU. (L. S.) S. PICHON.(L. S.) L. -L. KLOTZ.(L. S.) ANDRE TARDIEU.(L. S.) JULES CAMBON.(L. S.) GUGLIELMO MARCONI.(L. S.) G. DE MARTINO.(L. S.) K. MATSUI.(L. S.) J. VAN DEN HEUVEL.(L. S.) ROLIN-JAEQUEMYNS.(L. S.) VIKYUIN WELLINGTON KOO.(L. S.) RAFAEL MARTINEZ ORTIZ.(L. S.) ELEFTHERIOS VENIZELOS.(L. S.) N. POLITIS.(L. S.) M. RUSTEM HAIDAR.(L. S.) AOUNI ABDUL-HADI.(L. S.) L. GRABSKI(L- S.) ST. PATEK.(L- S.) AFFONSO COSTA.(L. S.) JAYME BATALHA REIS.(L. S.) NIK. P. PACHITCH.(L- S.) DR. ANTE TRUMBIC.(L. S.) DR. IVAN ZOLGER.(L- S.) CHAROON.(L. S.) DR. EDVARD BENES.(L. S.) STEFAN OSUSKY.(L- S.) AL. STAMBOLIISKI
PROTOCOL.
With a view to indicating precisely the conditions in which certain provisions of the Treaty of even date are to be carried out, it is agreed by the High Contracting Parties that:
(I) The list of persons to be handed over to the Allied and Associated Governments by Bulgaria under the second paragraph of Article 118 shall be communicated to the Bulgarian Government within a month from the coming into force of the Treaty;
(2) Proceedings will be taken against persons who have committed punishable offences in the liquidation of Bulgarian property, and the Allied and Associated Powers will welcome any information or evidence which the Bulgarian Government can furnish on this subject.
Done in French, in English and in Italian, of which the French text shall prevail in case of divergence, at Neuilly-sur-Seine, the twenty-seventh day of November, one thousand nine hundred and nineteen
FRANK L. POLK.HENRY WHITE.TASKER H. BLISS.CECIL HARMSWORTH.EYRE A. CROWE.GEORGE H. PERLEY.ANDREW FISHER.THOMAS MACKENZIER. A. BLANKENBERG.EYRE A. CROWE.G. CLEMENCEAU.S. PICHON.L.-L. KLOTZ.ANDRE TARDIEU.JULES CAMBON.GUGLIELMO MARCONI.G. DE MARTINO.K. MATSUI.J. VAN DEN HEUVEL.ROLIN-JAEQUEMYNS.VIKYUIN WELLINGTON KOO.RAFAEL MARTINEZ ORTIZ.ELEFTHERIOS VENIZELOS.N. POLITIS.M. RUSTEM HAIDAR.AOUNI ABDUL-HADI.L. GRABSKIST. PATEK.AFFONSO COSTA.JAYME BATALHA REIS.NIK. P. PACHITCH.DR ANTE TRUMBIC.DR IVAN ZOLGER.CHAROON.DR. EDVARD BENESSTEFAN OSUSKY.AL. STAMBOLIISK
I.
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