![]() | Tratado de Paz de Versalles (1919) |
El Tratado de Versalles es un tratado de paz firmado el 28 de junio de 1919 entre los Países Aliados y Alemania en el Salón de los Espejos del Palacio de Versalles que puso fin oficialmente a la Primera Guerra Mundial (llamada entonces La Gran Guerra). Entró en vigor el 10 de enero de 1920.
- Parte I El Pacto de la SDN (artículos 1 al 26 y anexo).
- Parte II Las Fronteras de Alemania (artículos 27 al 30).
- Parte III cláusulas para Europa (artículos 31 al 117 y anexos).
- Parte IV Derechos e intereses alemanes fuera de Alemania (artículos 118 al 158 y anexos).
- Parte V Cláusulas militares, navales y aéreas (artículos 159 al 213).
- Parte VI Prisioneros de guerra y cementerios (artículos 214 al 226).
- Parte VII Sanciones (artículos 227 al 230).
- Parte VIII Reparaciones (artículos 231 al 247 y anexos).
- Parte IX Cláusulas financieras (artículos 248 al 263).
- Parte X Cláusulas económicas (artículos 264 al 312).
- Parte XI Navegación aérea (artículos 313 al 320 y anexos).
- Parte XII Puertos, vías marítimas y vías férreas (artículos 321 al 386).
- Parte XIII Organización Internacional del Trabajo (artículos 387 al 399).
- Procedimientos (artículos 400 al 427 y anexo).
- Parte XIV Garantías (artículos 428 al 433).
- Parte XV Previsiones, misceláneas (artículos 434 al 440 y anexo).
____________
Junio 28,1919
PACTO DE LA SOCIEDAD DE
LAS NACIONES.
Las altas partes contratantes, considerando que a fin de desarrollar la cooperación entre las naciones y garantizarles la paz y la seguridad, importa aceptar ciertas obligaciones de no recurrir a la guerra, mantener a plena luz relaciones internacionales fundadas sobre la justicia y el honor, observar rigurosamente las prescripciones del derecho internacional reconocidas de hoy en adelante como regla de conducta efectiva de los gobiernos, hacer reinar la justicia y respetar escrupulosamente todas las obligaciones de los tratados en las relaciones mutuas de los pueblos organizados.
Adoptan el presente pacto que instituye la sociedad de las naciones.
Art. 1° –– Son miembros originarios de la Sociedad de las Naciones, aquellos signatarios cuyos nombres figuran en el anexo al presente pacto, como asimismo los Estados igualmente nombrados en el anexo que hubieran adherido al presente pacto sin ninguna reserva por una declaración depositada en la secretaría dentro de los 2 meses de la entrada en vigor del pacto y cuya notificación se hará a los demás miembros de la sociedad.
2. –– Todo Estado, Dominio o Colonia que se gobierne libremente y que no está designado en el anexo, puede llegar a ser miembro de la sociedad si su admisión es acordada por los dos tercios de la asamblea, siempre que dé garantías efectivas de su intención sincera de observar sus compromisos internacionales y que acepte el reglamento establecido por la sociedad en lo concerniente a sus fuerzas y a sus armamentos militares, navales y aéreos.
3. –– Todo miembro de la sociedad puede retirarse de la sociedad previo aviso de dos años, a condición de que hasta ese momento haya cumplido todas sus obligaciones internacionales, inclusive las del presente pacto.
Art. 2° –– La acción de la sociedad, tal como está definida en el presente pacto, se ejerce por medio de una asamblea y de un consejo, secundadas por una secretaría permanente.
Art. 3° –– 1. La asamblea se compone de representantes de los miembros de la sociedad.
2. –– Ella se reúne en épocas determinadas y en cualquier otro momento, si las circunstancias lo requieren, en la sede de la sociedad o en cualquier otro lugar que pueda ser designado.
3. –– La asamblea entiende en toda cuestión que entre en la esfera de acción de la sociedad o que afecte la paz del mundo.
4. –– Cada miembro de la sociedad no puede tener más de tres representantes en la asamblea y sólo dispone de un voto.
Art. 4° –– 1. El consejo se compone de representantes de las principales Potencias Aliadas y asociadas, así como de representantes de otros cuatro miembros de la sociedad. Estos cuatro miembros de la sociedad serán designados libremente por la asamblea y en las épocas que crea conveniente. Hasta la primera designación por la asamblea, serán miembros del consejo los representantes de Bélgica, Brasil, España y Grecia.
2. –– Con aprobación de la mayoría de la asamblea el consejo puede designar otros miembros de la sociedad cuya representación en lo futuro será permanente en el consejo. Con igual aprobación puede aumentar el número de los miembros de la sociedad a elegir por la asamblea para ser representados en el consejo.
2 bis (1). –– La asamblea por mayoría de dos tercios determina las reglas concernientes a las elecciones de los miembros no permanentes del consejo y, en particular, las relativas a la duración de su mandato y las condiciones de reelegibilidad.
3. –– El consejo se reúne cuando las circunstancias lo exigen, y por lo menos una vez por año, en la sede de la sociedad o en cualquier otro lugar que se designe.
4. –– El consejo entiende en toda cuestión que entre en la esfera de acción de la sociedad o que afecte la paz del mundo.
5. –– Todo miembro de la sociedad no representado en el consejo será invitado a enviar un representante para participar en él cuando una cuestión que le interese particularmente sea sometida al consejo.
6. –– Todo miembro de la sociedad representado en consejo no dispone más que de un voto y no tiene más que un representante.
Art. 5° –– 1. Salvo disposición expresamente contraria del presente pacto o de las cláusulas del presente tratado, las decisiones de la asamblea o del consejo serán adoptadas por unanimidad de los miembros de la sociedad reprentados en la reunión.
2. –– Todas las cuestiones de procedimientos que se planteen en las reuniones de la asamblea o del consejo, inclusive la designación de las comisiones encargadas de la investigación de puntos particulares, serán reglamentadas por la asamblea o por el consejo y resueltas por mayoría de votos de los miembros de la sociedad, representados en la reunión.
3. –– La primera reunión de la asamblea y la primera reunión del consejo se realizarán por convocación del presidente de los Estados Unidos de América.
Art. 6° –– 1. La secretaría permanente está establecida en la sede de la sociedad. Comprende un secretario general, así como los secretarios y el personal necesarios.
2. –– El primer secretario general es designado en el anexo. En lo futuro, el secretario general será nombrado por el consejo con aprobación de la mayoría de la asamblea.
3. –– Los secretarios y el personal de la secretaría son nombrados por el secretario general, con aprobación del consejo.
4. –– El secretario general de la sociedad es de derecho secretario general de la asamblea y del consejo.
5 (2). –– Los gastos de la sociedad, serán sufragados por los miembros de la sociedad, en la proporción decidida por la asamblea.
Art. 7° –– 1. La sede de la sociedad está establecida en Ginebra.
2. –– El consejo puede en todo momento decidir establecerla en cualquier otro lugar.
3. –– Todas las funciones de la sociedad o de los servicios relacionados con ella inclusive la secretaría, son accesibles igualmente a los hombres y a las mujeres.
4. –– Los representantes de los miembros de la sociedad y sus agentes gozan en el ejercicio de sus funciones de los privilegios e inmunidades diplomáticos.
5. –– Los edificios y terrenos ocupados por la sociedad, por sus servicios o sus reuniones, son inviolables.
Art. 8. –– 1. Los miembros de la sociedad reconocen que el mantenimiento de la paz exige la reducción de los armamentos nacionales al mínimum compatible con la seguridad nacional y con la ejecución de las obligaciones internacionales impuestas por una acción común.
2. –– El consejo, teniendo en cuenta la situación geográfica y las condiciones especiales de cada Estado prepara los planes de dicha reducción para el examen y decisión de los diversos gobiernos.
3. –– Esos planes deben ser objeto de un nuevo examen y si correspondiera, de una revisión cada diez años por lo menos.
4. –– Después de su adopción por los diversos gobiernos, el límite de los armamentos, así fijado, no podrá ser excedido sin el consentimiento del consejo.
5. –– Considerando que la fabricación privada de municiones y de material de guerra suscita graves objeciones, los miembros de la sociedad encargan al consejo dar opinión acerca de las medidas apropiadas para evitar sus efectos perniciosos, teniendo en cuenta las necesidades de los miembros de la sociedad que no puedan fabricar las municiones y el material de guerra necesarios para su seguridad.
6. –– Los miembros de la sociedad se comprometen a canjearse, de la manera más franca y más completa, todos los informes relativos a la escala de sus armamentos, sus programas militares, navales y aéreos, así como la condición de aquellas de sus industrias susceptibles de ser utilizadas para la guerra.
Art. 9° –– Se constituirá una comisión permanente para informar el consejo con respecto a la ejecución de las disposiciones de los artículos 1° y 8°, y en general, con respecto a las cuestiones militares, navales y aéreas.
Art. 10. –– Los miembros de la sociedad se comprometen a respetar y a mantener contra toda agresión exterior la integridad territorial y la independencia política presente de todos los miembros de la sociedad. En caso de agresión, de amenaza o de peligro de agresión, el consejo emitirá opinión sobre los medios de asegurar la ejecución de está obligación.
Art. 11. –– 1. Se declara expresamente que toda guerra o amenaza de guerra, afecte directamente o no a uno de los miembros de la sociedad, interesa a la sociedad entera y que ésta debe adoptar las medidas adecuadas para salvaguardar eficazmente la paz de las naciones. En tal caso el secretario general convoca inmediatamente al consejo, a pedido de cualquier miembro de la sociedad.
2. –– Se declara, asimismo, que todo miembro de la sociedad tiene derecho, a título amistoso, de llamar la atención de la asamblea o del consejo sobre cualquier circunstancia de naturaleza que pudiese afectar las relaciones internacionales y que amenazara perturbar en adelante la paz o la buena inteligencia entre las naciones de la cual depende la paz.
Art. 12 (1). –– 1. Todos los miembros de la sociedad convienen en que, si surgiera entre ellos una divergencia susceptible de provocar una ruptura, la someterán al procedimiento del arbitraje o a un arreglo judicial, o al examen del consejo. Convienen además que, en caso alguno, deben recurrir a la guerra antes de la expiración de un plazo de 3 meses desde el fallo arbitral o judicial, o el informe del consejo.
2. –– En todos los casos previstos por el presente artículo, la decisión debe producirse dentro de un plazo prudencial y el informe del consejo debe expedirse dentro de los 6 meses de haberle sido sometida la divergencia.
Art. 13. (2). –– 1. Los miembros de la sociedad convienen en que si surgiera entre ellos una divergencia susceptible, a su juicio, de una solución arbitral o judicial, y si esta divergencia no pudiese solucionarse satisfactoriamente por la vía diplomática, la cuestión será sometida integralmente a un arreglo arbitral o judicial.
2. –– Entre las que generalmente son susceptibles de una solución arbitral o judicial, se declararan tales las divergencias relativas a la interpretación de un tratado, a todo punto de derecho internacional, a la realidad de todo hecho que, si fuera comprobado, constituiría la ruptura de un compromiso internacional o a la extensión o naturaleza de la reparación debida por tal ruptura.
3. –– La causa será sometida a la Corte Permanente de Justicia Internacional o a toda jurisdicción o Corte designada por las partes o previstas en sus convenciones anteriores.
4. –– Los miembros de la sociedad se comprometen a cumplir de buena fe las sentencias pronunciadas y a no recurrir a la guerra contra todo miembro de la sociedad que se conformara a las mismas. En caso de falta de cumplimiento de las sentencias, el consejo propondrá las medidas necesarias para asegurar su efecto.
Art. 14. –– El consejo queda encargado de preparar un proyecto de Corte Permanente de Justicia Internacional y de someterlo a los miembros de la sociedad. Esta Corte entenderá en todas las divergencias de carácter internacional que le fueran sometidas por las partes. Emitirá también opiniones consultivas sobre toda divergencia o cualquier otro punto que fueran sometidos por el consejo a la asamblea.
Art. 15 (1). –– 1. Si entre los miembros de la sociedad surgiera una divergencia susceptible de provocar una ruptura y si esta divergencia no fuera sometida al procedimiento de arbitraje o a un arreglo judicial previsto en el artículo 13, los miembros de la sociedad convienen en someterla al consejo. A tal efecto, basta que uno de ellos informe de esa divergencia al secretario general, quien tomará todas las disposiciones tendientes a una encuesta y a un examen completos.
2. –– A la brevedad posible las partes deben comunicarle la exposición de su causa con todos los hechos pertinentes y los documentos justificativos. El consejo puede ordenar su publicación inmediata.
3. –– El consejo se esfuerza en asegurar el arreglo de la divergencia. Si tiene éxito, publica, dentro de la medida que juzgara útil, una exposición relatando los hechos, las explicaciones que comportan y los términos de ese arreglo.
4. –– Si la divergencia no ha podido arreglarse, el consejo redacta y publica un informe, votado sea por unanimidad o por mayoría de votos, para hacer conocer las circunstancias de la divergencia y las soluciones que recomienda como las más equitativas y mejor apropiadas para el caso.
5. –– Todo miembro de la sociedad representado en el consejo, puede igualmente, publicar una exposición de los hechos de la divergencia y sus propias conclusiones.
6. –– Si el informe del consejo es aceptado por unanimidad, no contando para el cálculo de esa unanimidad el voto de los representantes de las partes, los miembros de la sociedad se comprometen a no recurrir a la guerra contra ninguna parte que se conforme a las conclusiones del informe.
7. –– En el caso en que el consejo no consiguiera hacer aceptar su informe por todos los miembros, fuera de los representantes de toda parte en la divergencia, los miembros de la sociedad se reservan el derecho de proceder como lo juzgaran necesario para el mantenimiento del derecho y de la justicia.
8. –– Si una de las partes pretende y si el consejo reconoce que la divergencia se refiere a una cuestión que el derecho internacional deja a la competencia exclusiva de esta parte, el consejo lo constatará en un informe, pero sin recomendar solución alguna.
9. –– El consejo puede, en todos los casos previstos en el presente artículo, someter la divergencia a la asamblea. A ésta deberá igualmente someterse la divergencia a requerimiento de una de las partes; este requerimiento debe ser presentado dentro de los 14 días a partir del momento en que la divergencia fuera sometida al consejo.
10. –– En todo asunto sometido a la asamblea, las disposiciones del presente artículo y del artículo 12 relativas a la acción y a las facultades del consejo, se aplican igualmente a la acción y a las facultades de la asamblea. Queda entendido que un informe expedido por la asamblea con aprobación de los representantes de los miembros de la sociedad representados en el consejo y de una mayoría de los otros miembros de la sociedad, con exclusión, en cada caso, de los representantes de las partes, tiene el mismo efecto que un informe del consejo por unanimidad de sus miembros, fuera de los representantes de las partes.
Art. 16. –– 1. Si un miembro de la sociedad recurre a la guerra, contrariamente a los compromisos contraídos en los artículos 12, 13 ó 15, es "ipso facto" considerado como habiendo cometido un acto de guerra contra todos los demás miembros de la sociedad. Estos se comprometen a romper inmediatamente con él todas las relaciones comerciales o financieras, a prohibir todas las relaciones entre sus nacionales y los del Estado en ruptura del Pacto y a hacer cesar todas las comunicaciones financieras, comerciales o personales entre los nacionales de este Estado y los de cualquier otro Estado, miembro o no de la sociedad.
2. –– En este caso, el consejo tiene el deber de recomendar a los diversos gobiernos interesados los efectivos militares, navales o aéreos con los cuales los miembros de la sociedad contribuirán respectivamente a las fuerzas armadas destinadas a hacer respetar los compromisos de la sociedad.
3. –– Los miembros de la sociedad convienen, además, en prestarse mutuo apoyo en la aplicación de las medidas económicas y financieras a adoptarse en virtud del presente artículo a fin de reducir al mínimum las pérdidas y los inconvenientes que de ellas pudieran resultar. Se prestarán igualmente mutuo apoyo para resistir a toda medida especial dirigida contra uno de ellos por el Estado en ruptura de pacto. Adoptarán las disposiciones necesarias para facilitar el tránsito a través de su territorio, de las fuerzas de todo miembro de la sociedad que participe en una acción común para hacer respetar los compromisos de la sociedad.
4. –– Puede ser excluido de la sociedad todo miembro que se hubiera hecho culpable de la violación de algunos de los compromisos resultantes del pacto. La exclusión se pronunciará por el voto de todos los demás miembros de la sociedad representados en el consejo.
Art. 17. –– 1. En caso de divergencia entre dos Estados, de los cuales uno sólo sea miembro de la sociedad o de la cual ninguno participara, el Estado o los Estados ajenos a la sociedad serán invitados a someterse a las obligaciones que se imponen a sus miembros a los fines del arreglo de la divergencia, en las condiciones estimadas justas por el consejo. Si esta invitación fuera aceptada, las disposiciones de los artículos 12 a 16 se aplicarán bajo reserva de las modificaciones juzgadas necesarias por el consejo.
2. –– Una vez formulada esta invitación, el consejo abrirá una encuesta sobre las circunstancias de la divergencia y propondrá la medida que le pareciera mejor y más eficaz en ese caso particular.
3. –– Si el Estado invitado, rehusando aceptar las obligaciones de miembro de la sociedad a los efectos del arreglo de la divergencia, recurriera a la guerra contra un miembro de la sociedad, le serán aplicables las disposiciones del artículo 16.
4. –– Si las dos partes invitadas rehusaran aceptar las obligaciones de miembro de la sociedad a los efectos del arreglo de la divergencia, el conejo podrá adoptar todas las medidas y hacer todas las proposiciones conducentes a prevenir las hostilidades y llevar a la solución del conflicto.
Art. 18. –– Todo tratado o compromiso internacional celebrado en lo futuro por un miembro de la sociedad deberá ser inmediatamente registrado por la secretaría y publicado por ella a la brevedad posible. Ninguno de esos tratados o compromisos internacionales será obligatorio antes de haber sido registrado.
Art. 19. –– La asamblea puede, de tiempo en tiempo, invitar a los miembros de la sociedad a proceder a un nuevo examen de los tratados que hubieran llegado a ser inaplicables, así como de las situaciones internacionales cuyo mantenimiento podría poner en peligro la paz del mundo.
Art. 20. –– 1. Los miembros de la sociedad reconocen, cada uno en lo que le concierne, que el presente pacto abroga todas las obligaciones o inteligencia "inter se" incompatibles con sus términos y se comprometen solemnemente a no contraer en lo futuro compromisos semejantes.
2. –– Si antes de ingresar a la sociedad, un miembro hubiera asumido obligaciones incompatibles con los términos del pacto, deberá adoptar medidas inmediatas para desligarse de esas obligaciones.
Art. 21. –– Los compromisos internacionales, tales como los tratados de arbitraje, y las inteligencias regionales, (ententes regionales), como la doctrina de Monroe, que aseguran el mantenimiento de la paz, no se consideran incompatibles con ninguna de las disposiciones del presente pacto.
Art. 22. –– 1. Los principios siguientes se aplican a las colonias y territorios que, a raíz de la guerra, han cesado de hallarse bajo la soberanía de los Estados que los gobernaban anteriormente y que son habitados por pueblos aun incapaces de regirse por sí mismos en las condiciones particularmente difíciles del mundo moderno. El bienestar y desarrollo de esos pueblos constituye una misión sagrada de civilización, y conviene incluir en el presente pacto garantías para el cumplimiento de esta misión.
2. –– El mejor método para realizar prácticamente este principio consiste en confiar la tutela de esos pueblos a las naciones adelantadas que, gracias a sus recursos, su experiencia o su posición geográfica, están en mejores condiciones para asumir esta responsabilidad y que consienten en aceptarla. Ellas ejercerán esta tutela en calidad de mandatarios y en nombre de la sociedad.
3. –– El carácter del mandato debe diferir según el grado de desarrollo del pueblo, la situación geográfica del territorio, sus condiciones económicas y cualquiera otra circunstancia análoga.
4. –– Ciertas comunidades que antes pertenecían al Imperio Otomano, han alcanzado tal grado de desarrollo que su existencia como naciones independientes puede ser reconocida provisoriamente a condición de que los consejos y la ayuda de un mandatario guíen su administración hasta el momento en que ellas sean capaces de manejarse solas. Los deseos de esas comunidades deben ser tomados en especial consideración para la elección del mandatario.
5. –– El grado de desarrollo en que se encuentran otros pueblos, especialmente los del Africa Central, exige que el mandatario asuma la administración del territorio en condiciones que, con la prohibición de abusos tales como la trata de esclavos, el tráfico de armas y de alcohol, garanticen la libertad de conciencia y de religión sin otras limitaciones que las que puede imponer el mantenimiento del orden público y de las buenas costumbres, y la prohibición de establecer fortificaciones o bases militares o navales y de dar instrucción militar a los indígenas para otros fines que los de policía o defensa del territorio, y que aseguren igualmente a los otros miembros de la sociedad, condiciones de igualdad para el intercambio y el comercio.
6. –– Existen, por fin, territorios tales como el Sudoeste Africano y ciertas islas del Pacífico Austral, que debido a su escasa población, a su superficie reducida, a su alejamiento de los centros de civilización, a su contigüidad geográfica con el territorio del mandatario, o a otras circunstancias; no podrían ser mejor administrados que bajo las leyes del mandatario, como parte integrante de su territorio, bajo reserva de las garantías previstas más arriba en interés de la población indígena.
7. –– En todos los casos, el mandatario deberá presentar al consejo un informe anual concerniente a los territorios a su cargo.
8. –– Si el grado de autoridad, de contralor o de administración a ejercerse por el mandatario no hubiera sido objeto de una convención anterior entre los miembros de la sociedad, el consejo se pronunciará expresamente sobre el particular.
9. –– Se constituirá una comisión permanente encargada de recibir y examinar los informes anuales de los mandatarios y de dar al consejo su opinión sobre todas las cuestiones relativas a la ejecución de los mandatos.
Art. 23. –– Bajo la reserva y de conformidad con las disposiciones de las convenciones internacionales actualmente existentes o que se celebraran ulteriormente, los miembros de la sociedad:
a) Se esforzarán en asegurar y mantener condiciones de trabajo equitativas y humanas para el hombre, la mujer y el niño, tanto en sus propios territorios como en todos los países a los que se extendieran sus relaciones comerciales e industriales, estableciendo con ese objeto y manteniendo las organizaciones internacionales necesarias;
b) Se comprometen a asegurar un tratamiento equitativo a las poblaciones indígenas en los territorios sometidos a su administración;
c) Confían a la sociedad el contralor general de los acuerdos relativos a la trata de mujeres y niños, así como al tráfico del opio y otras drogas nocivas;
d) Confían a la sociedad el contralor general del comercio de armas y municiones con los países en que el contralor de dicho comercio fuera indispensable en interés común;
e) Adoptarán las disposiciones necesarias para asegurar la garantía y el mantenimiento de la libertad de las comunicaciones y del tránsito, así como un tratamiento equitativo del comercio de todos los miembros de la sociedad, quedando entendido que se tendrán en cuenta las necesidades especiales de las regiones devastadas durante la guerra 1914-1918;
f) Se esforzarán en adoptar medidas de orden internacional para prevenir y combatir las enfermedades.
Art. 24. –– 1. Todas las oficinas internacionales anteriormente establecidas por tratados colectivos serán, bajo reserva del asentimiento de las partes, puestas bajo la autoridad de la sociedad. Todas las demás oficinas internacionales y todas las comisiones para el arreglo de los asuntos de interés internacional que fuesen creadas en lo sucesivo, serán colocadas bajo la autoridad de la sociedad.
2. –– Para todas las cuestiones de interés internacional regidas por convenciones generales, pero no sometidas al contralor de comisiones o de oficinas internacionales, la secretaría de la sociedad, si las partes lo solicitan y el consejo consiente en ello, deberá reunir y distribuir todas las informaciones útiles y prestar toda la asistencia necesaria o deseable.
3. –– El consejo puede decidir se incluyan en los gastos de la secretaría los de toda oficina o comisión colocada bajo la autoridad de la sociedad.
Art. 25. –– Los miembros de la sociedad se comprometen a fomentar y favorecer el establecimiento y la cooperación de las organizaciones voluntarias nacionales de la Cruz Roja, debidamente autorizadas, que tuvieran por objeto la mejora de la salud, la defensa preventiva contra las enfermedades y mitigar los sufrimientos del mundo.
Art. 26. –– 1. Las enmiendas al presente pacto entrarán en vigor después de su ratificación por los miembros de la sociedad, cuyos representantes componen el consejo y por la mayoría de aquellos miembros cuyos representantes forman la asamblea.
2. –– Todo miembro de la sociedad tiene la libertad de no aceptar las enmiendas introducidas al pacto, en cuyo caso cesará de formar parte de la sociedad.
ANEXO
I –– Miembros originarios de la Sociedad de las Naciones, signatarios del tratado de paz
E. U. de América
Bélgica
Bolivia
Brasil
Imperio Británico
Canadá
Australia
Africa del Sud
Nueva Zelandia
India
China
Cuba
Ecuador
Francia
Grecia
Guatemala
Japón
Italia
Honduras
Hedjaz
Haití
Liberia
Nicaragua
Panamá
Perú
Polonia
Portugal
Rumania
Est. Servio-Croata-Esloveno
Siam
Checoeslovaquia
Uruguay
Estados invitados a acceder al pacto
Argentina
Chile
Colombia
Dinamarca
España
Noruega
Paraguay
Países Bajos
Persia
El Salvador
Suecia
Venezuela
Suiza
II –– Primer secretario general de la Sociedad de las Naciones
El honorable sir James Eric Drummond. K. C. M. G., C. B.
PART II.
BOUNDARIES OF GERMANY.
ARTICLE 27.
The boundaries of Germany will be determined as
follows:
1. With Belgium:
From the point common to the three frontiers of
Belgium, Holland, and Germany and in a southerly direction: the north-eastern
boundary of the former territory of ne~tral Moresnet' then the eastern boundary
of the Kreis of Eupen, then the frontier between Belgium and the Kreis of
Montjoie, then the northeastern and eastern boundary of the Kreis of Malmedy to
its junction with the frontier of Luxemburg.
2. With Luxemburg:
The frontier of August 3, 1914, to its junction with
the frontier of France of the 18th July, 1870.
3. With France:
The frontier of July 18,1870, from Luxemburg to
Switzerland with the reservations made in Article 48 of Section IV (Saar Basin)
of Part HI.
4. With Switzerland: The present frontier.
5. With Austria.
The frontier of August 3,1914, from Switzerland to
Czechoslovakia as hereinafter defined.
6. With Czecho-Slovakia:
The frontier of August 3,1914, between Germany and
Austria from its junction with the old administrative boundary separating
Bohemia and the province of Upper Austria to the point north of the salient of
the old province of Austrian Silesia situated at about 8 kilometres east of
Neustadt.
7. With Poland:
From the point defined above to a point to be fixed on
the ground about 2 kilometres east of Lorzendorf: the frontier as it will be
fixed in accordance with Article 88 of the present Treaty; thence in a northerly
direction to the point where the administrative boundary of Posnania crosses the
river Bartsch: a line to be fixed on the ground leaving the following places in
Poland: Skorischau, Reichthal, Trembatschau, Kunzendorf, Schleise, Gross Koscl,
Schreibersdorf, Rippin, Furstlich-Niefken, Pawelau, Tscheschen, Konradau,
Johallnisdorf, Modzenowe, Bogdaj, and in Gerrmany: Lorzendorf, Kaulwitz,
Glausche, Dalbersdorf, Reesewitz, Stradam, Gross Wartenberg, Kraschen, Neu
Mittelwalde, Domaslawitz, Wedelsdorf, Tscheschen Hammer; thence the
administrative boundary of Posnania northwestwards to the point where it cuts
the Rawitsch-Herrnstadt railway; thence to the point where the administrative
boundary of Posnania cuts the Reisen-Tschirnau road: a line to be fixed on the
ground passing west of Triebusch and Gabel and east of Saborwitz; thence the
administrative boundary of Posnania to its junction with the eastern
administrative boundary of the Kreis of Fraustadt; thence in a north-westerly
direction to a point to be chosen on the road between the villages of Unruhstadt
and Kopnitz: a line to be fixed on the ground passing west of Geyersdorf,
Brenno, Fehlen, Altkloster, Klebel, and east of Ulbersdorf, Buchwald,
Hgen,Weine, Lupitze, Schwenten: thence in a northerly direction to the
northernmost point of Lake Chlop: a line to be fixed on the ground following the
median line of the lakes; the town and the station of Bentschen however
(including the junction of the lines Schwiebus-Bentschen and
Zullichau-Bentschen) remaining in Polish territory; thence in a north-easterly
direction to the point of junction of the boundaries of the Kreise of Schwerin,
Birnbaum, and Meseritz: a line to be fixed on the ground passing east of
Betsche; thence in a northerly direction the boundary separating the Kreise of
Schwerin and Birnbaum, then in an easterly direction the northern boundary of
Posnania to the point where it cuts the river Netze; thence upstream to its
confluence with the Kaddow: the course of the Netze; thence upstream to a point
to be chosen about 6 kilometres southeast of Schneidemuhl: the course of the
Kuddow; thence north-eastwards to the most southern point of the reentant of the
northern boundary of Posnania about 5 kilometres west of Stahren: a line to be
fixed on the ground leaving the SchneidemuhlKonitz railway in this area entirely
in German territory; thence the boundary of Posnania north-eastwards to the
point of the salient it makes about 15 kilometres east of Flatow; thence
north-eastwards to the point where the river Kamionka meets the southern
boundary of the Kreis of Konitz about 3 kilometres north-east of Grunau: a line
to be fixed on the ground leaving the following places to Poland: Jasdrowo, Gr.
Lutau, Kl. Lutau, Wittkau, and to Germany: Gr. Butzig, Cziskowo, Battrow, Bock,
Grunau; thence in a northerly direction the boundary between the Kreise of
Konitz and Schlochau to the point where this boundary cuts the river Brahe;
thence to a point on the boundary of Pomerania 15 kilometres east of
Rummelsburg: a line to be fixed on the ground leaving the following places in
Poland: Konarzin, Kelpin, Adi. Briesen, and in Germany: Sampohl, Neuguth,
Steinfort, Gr. Peterkau; then the boundary of Pomerania in an easterly direction
to its junction with the boundary between the Kreise of Konitz and Schlochau;
thence northwards the boundary between Pomerania and West Prussia to the point
on the river Rheda about 3 kilometres northwest of Gohra where that river is
joined by a tributary from the northwest; thence to a point to be selected in
the bend of the Piasnitz river about 1 1/2 kilometres north-west of Warschkau: a
line to be fixed on the ground; thence this river downstream, then the median
line of Lake Zarnowitz, then the old boundary of West Prussia to the Baltic Sea.
8. With Denmark:
The frontier as it will be fixed in accordance with
Articles 109 to HI of Part ffl, Section XH (Schleswig).
ARTICLE 28.
The boundaries of East Prussia, with the reservations
made in Section IX (East Prussia) of Part ffl, will be determined as follows:
from a point on the coast of the Baltic Sea about 1 1/2 kilometres north of
Probbernau church in a direction of about 159° East from true North: a line to
be fixed on the ground for about 2 kilometres; thence in a straight line to the
light at the bend of the Elbing Channel in approximately latitude 54° 19 1/2'
North, longitude 19° 26' East of Greenwich; thence to the easternmost mouth of
the Nogat River at a bearing of approximately 209° East from true North; thence
up the course of the Nogat River to the point where the latter leaves the
Vistula (Weichsel);thence up the principal channel of navigation of the Vistula,
then the southern
boundary of the Kreis of Marienwerder, then that of the Kreis of Rosenberg
eastwards to the point where it meets the old boundary of East Prussia, thence
the old boundary between East and West Prussia, then the boundary between the
Kreise of Osterode and Neidenburg, then the course of the river Skottau
downstream, then the course of the Neide upstream to a point situated about 5
kilometres west of Bialutten being the nearest point to the old frontier of
Russia; thence in an easterly direction to a point immediately south of the
intersection of the road Neidenburg-Mlava with the old frontier of Russia: a
line to be fixed on the ground passing north of Bialutten; thence the old
frontier of Russia to a point east of Schmalleningken, then the principal
channel of navigation of the Niemen (Memel) downstream, then the Skierwieth arm
of the delta to the Kurisches Haff; thence a straight line to the point where
the eastern shore of the Kurische Nehrung meets the administrative boundary
about 4 kilometres south-west of Nidden; thence this administrative boundary to
the western shore of the Kurische Nehrung.
ARTICLE 29.
The boundaries as described above are drawn in red on a
one-in-a-million map which is annexed to the present Treaty (Map No. 1). [See
Introduction.] In the case of any discrepancies between the text of the Treaty
and this map or any other map which may be annexed, the text will be final.
ARTICLE 30.
In the case of boundaries which are defined by a
waterway, the terms "course" and "channel" used in the
present Treaty signify: in the case of non-navigable rivers, the median line of
the waterway or of its principal arm, and, in the case of navigable rivers, the
median line of the principal channel of navigation It will rest with the
Boundary Commissions provided by the present Treaty to specify in each case
whether the frontier line shall follow any changes of the course or channel
which may take place or whether it shall be definitely fixed by the position of
the course or channel at the time when the present Treaty comes into force.
PART II.
POLITICAL CLAUSES FOR EUROPE
SECTION I.
BELGIUM.
ARTICLE 31.
Germany, recognising that the Treaties of April 19,
1839, which established the status of Belgium before the war, no longer conform
to the requirements of the situation, consents to the abrogation of the said
Treaties and undertakes immediately to recognise and to observe whatever
conventions may be entered into by the Principal Allied and Associated Powers,
or by any of them, in concert with the Governments of Belgium and of the
Netherlands, to replace the said Treaties of 1839. If her formal adhesions
should be required to such conventions or to any of their stipulations, Germany
undertakes immediately to give it.
ARTICLE 32.
Germany recognises the full sovereignty of Belgium over
the whole of the contested territory of Moresnet (called Moresnet neutre).
ARTICLE 33.
Germany renounces in favour of Belgium all rights and
title over the territory of Prussian Moresnet situated on the west of the road
from Liege to Aix-la-Chapelle; the road will belong to Belgium where it bounds
this territory.
ARTICLE 34.
Alemania renuncia además en favor de Bélgica a toda
clase de derechos y títulos sobre los territorios que comprenden el conjunto de
los círculos de Eupen y Malmedy in which the inhabitants of the above territory
will be entitled to record in writing a desire to see the whole or part of it
remain under German sovereignty. The results of this public expression of
opinion will be communicated by the Belgian Government to the League of Nations,
and Belgium undertakes to accept the decision of the League.
ARTICLE 35.
A Commission of seven persons, five of whom will be
appointed by the Principal Allied and Associated Powers, one by Germany and one
by Belgium, will be set up fifteen days after the coming into force of the
present Treaty to settle on the spot the new frontier line between Belgium and
Germany, taking into account the economic factors and the means of
communication. Decisions will be taken by a majority and will be binding on the
parties concerned.
ARTICLE 36.
When the transfer of the sovereignty over the
territories referred to above has become definite, German nationals habitually
resident in the territories will definitively acquire Belgian nationality ipso
facto, and will lose their German nationality. Nevertheless, German nationals
who became resident in the territories after August 1,1914, shall not obtain
Belgian nationality without a permit from the Belgian Government
ARTICLE 37.
Within the two years following the definitive transfer
of the sovereignty over the territories assigned to Belgium under the present
Treaty, German nationals over 18 years of age habitually resident in those
territories will be entitled to opt for German nationality. Option by a husband
will cover his wife, and option by parents will cover their children under 18
years of age. Persons who have exercised the above right to opt must within the
ensuing twelve months transfer their place of residence to Germany. They will be
entitled to retain their immovable property in the territories acquired by
Belgium. They may carry with them their movable property of every description.
No export or import duties may be imposed upon them in connection with the
removal of such property.
ARTICLE 38.
The German Government will hand over without delay to
the Belgian Government the archives, registers, plans, title deeds and documents
of every kind concerning the civil, military, financial, judicial or other
administrations in the territory transferred to Belgian sovereignty. The German
Government will likewise restore to the Belgian Government the archives and
documents of every kind carried off during the war by the German authorities
from the Belgian public administrations, in particular from the Ministry of
Foreign Affairs at Brussels.
ARTICLE 39.
The proportion and nature of the financial liabilities
of Germany and of Prussia with Belgium will have to bear on account of the
territories ceded to her shall be fixed in conformity with Articles 254 and 256
of Part IX (Financial Clauses) of the present Treaty.
SECTION II.
LUXEMBURG.
ARTICLE 40.
Alemania renuncia, por lo que concierne al Gran Ducado
de Luxemburgo, al beneficio de cualesquiera disposiciones inscritas a su favor
en los tratados of February 8, 1842, April 2, 1847, October 20-25, 1865, August
18, 1866, February 21 and May 11, 1867, May 10, 1871, June 11, 1872, and
November 11, 1902, and in all Conventions consequent upon such Treaties. Germany
recognises that the Grand Duchy of Luxemburg ceased to form part of the German
Zollverein as from January 1,1919, renounces all rights to the exploitation of
the railways, adheres to the termination of the regime of neutrality of the
Grand Duchy, and accepts in advance all international arrangements which may be
concluded by the Allied and Associated Powers relating to the Grand Duchy.
ARTICLE 41.
Germany undertakes to grant to the Grand Duchy of
Luxemburg, when a demand to that effect is made to her by the Principal Allied
and Associated Powers, the rights and advantages stipulated in favour of such
Powers or their nationals in the present Treaty with regard to economic
questions, to questions relative to transport and to aerial navigation.
SECTION III.
LEFT BANK OF THE RHINE.
ARTICLE 42.
Se prohíbe a Alemania mantener o construir
fortificaciones, sea en la orilla izquierda del Rhin, sea en la orilla derecha,
al Oeste de una línea trazada a 50 kilómetros al Este de dicho río.
ARTICLE 43.
In the area defined above the maintenance and the
assembly of armed forces, either permanently or temporarily, and military
maneuvers of any kind, as well as the upkeep of all permanent works for
mobilization, are in the same way forbidden.
ARTICLE 44.
In case Germany violates in any manner whatever the
provisions of Articles 42 and 43, she shall be regarded as committing a hostile
act against the Powers signatory of the present Treaty and as calculated to
disturb the peace of the world.
SECTION IV.
SAAR BASIN.
ARTICLE 45.
En compensación de la destrucción de las
minas de carbón en el Norte de Francia, y con cargo al importe de la reparación
de daños de guerra debida por Alemania, ésta cede a Francia la propiedad entera
y absoluta, franca y libre de cualesquiera deudas o cargas, con derecho
exclusivo de explotación, de las minas de carbón situadas en la Cuenca del Sarre definidas en el artículo 48.
ARTICLE 46.
In order to assure the rights and welfare of the
population and to guarantee to France complete freedom in working the mines,
Germany agrees to the provisions of Chapters I and n of the Annex hereto.
ARTICLE 47.
In order to make in due time permanent provision for
the government of the Saar Basin in accordance with the wishes of the
populations, France and Germany agree to the provisions of Chapter HI of the
Annex hereto.
ARTICLE 48.
The boundaries of the territory of the Saar Basin, as
dealt with in the present stipulations, will be fixed as follows: On the south
and south-west: by the frontier of France as fixed by the present Treaty. On the
north-west and north: by a line following the northern administrative boundary
of the Kreis of Merzig from the point where it leaves the French frontier to the
point where it meets the administrative boundary separating the commune of
Saarholzbach from the commune of Britten; following this communal boundary
southwards and reaching the administrative boundary of the canton of Merzig so
as to include in the territory of the Saar Basin the canton of Mettlach, with
the exception of the commune of Britten; following successively the northern
boundaries of the cantons of Merzig and Haustedt, which are incorporated in the
aforesaid Saar Basin, then successively the administrative boundaries separating
the Kreise of Sarrelouis, Ottweiler, and Saint-Wendel from the Kreise of Merzig,
Treves (Trier), and the Principality of Birkenfeld as far as a point situated
about 500 metres north of the village of Furschweiler (viz., the highest point
of the Metzelberg). On the north-east and east: from the last point defined
above to a point about 3 1/2 kilometres east-north-east of Saint-Wendel: a line
to be fixed on the ground passing east of Furschweiler, west of Roschberg, east
of points 418, 329 (south of Roschberg) west of Leitersweiler, north-east of
point 464, and following the line of the crest southwards to its junction with
the administrative boundary of the Kreis of Kusel thence in a southerly
direction the boundary of the Kreis of Kusel, then the boundary of the Kreis of
Homburg towards the south-south-east to a point situated about 1000 metres west
of Dunzweiler; thence to a point about 1 kilometre south of Hornbach- a line to
be fixed on the ground passing through point 424 (about 1000 metres south-east
of Dunzweiler), point 363 (Fuchs-Berg), point 322 (south-west of Waldmohr), then
east of Jagersburg and Erbach, then encircling Homburg, passing through the
points 361 (about 2-1/2 kilometres north-east by east of that town), 342 (about
2 kilometres south-east of that town), 347 (Schreiners-Berg), 356, 350 (about
1-1/2 kilometres south-east of Schwarzenbach), then passing east of Einod,
south-east of points 322 and 333, about 2 kilometres east of Webenheim, about 2
kilometres east of Mimbach, passing east of the plateau which is traversed by
the road from Mimbach to Bockweiler (so as to include this road in the territory
of the Saar Basin), passing immediately north of the junction of the roads from
Bockweiler and Altheim situated about 2 kilometres north of Altheim, then
passing south of Ringweilerhof and north of point 322, rejoining the frontier of
France at the angle which it makes about 1 kilometre south of Hornbach (see Map
No. 2 scale 1/100,000 annexed to the present treaty). [See Introduction ]
A Commission composed of five members, one appointed by
France, one by Germany, and three by the Council of the League of Nations, which
will select nationals of other Powers, will be constituted within fifteen days
from the coming into force of the present Treaty, to trace on the spot the
frontier line described above.
In those parts of the preceding line which do not
coincide with administrative boundaries, the Commission will endeavour to keep
to the line indicated, while taking into consideration, so far as is possible,
local economic interests and existing communal boundaries.
The decisions of this Commission will be taken by a
majority, and will be binding on the parties concerned.
ARTICLE 49.
Germany renounces in favour of the League of Nations,
in the capacity of trustee, the government of the territory defined above.
At the end of fifteen years from the coming into force
of the present Treaty the inhabitants of the said territory shall be called upon
to indicate the sovereignty under which they desire to be placed.
ARTICLE 50.
The stipulations under which the cession of the mines
in the Saar Basin shall be carried out, together with the measures intended to
guarantee the rights and the well-being of the inhabitants and the government of
the territory, as well as the conditions in accordance with which the plebiscite
herein before provided for is to be made, are laid down in the Annex hereto.
This Annex shall be considered as an integral part of the present Treaty, and
Germany declares her adherence to it.
ANNEX.
Habiendo reconocido las Altas Partes
contratantes la obligación moral de reparar el daño hecho por Alemania en 1871,
tanto al derecho de Francia como a la voluntad de las poblaciones de Alsacia y
Lorena, separadas de su patria a pesar de la solemne protesta de sus
representantes en la Asamblea de Burdeos, han convenido los artículos
siguientes:
CHAPTER I.
CESSION AND EXPLOITATION OF MINING PROPERTY.
From the date of the coming into force of the present
Treaty, all the deposits of coal situated within the Saar Basin as defined
in Article 48 of the said Treaty, become the complete
and absolute property of the French State.
The French State will have the right of working or not
working the said mines, or of transferring to a third party the right of working
them, without having to obtain any previous authorisation or to fulfil any
formalities.
The French State may always require that the German
mining laws and regulations referred to below shall be applied in order to
ensure the determination of its rights.
2.
The right of ownership of the French State will apply
not only to the deposits which are free and for which concessions have not yet
been granted, but also to the deposits for which concessions have already been
granted, whoever may be the present proprietors, irrespective of whether they
belong to the Prussian State, to the Bavarian State, to other States or bodies,
to companies or to individuals, whether they have been worked or not, or whether
a right of exploitation distinct from the right of the owners of the surface of
the soil has or has not been recognised.
3.
As far as concerns the mines which are being worked,
the transfer of the ownership to the French State will apply to all the
accessories and subsidiaries of the said mines, in particular to their plant and
equipment both on and below the surface to their extracting machinery, their
plants for transforming coal into electric power, coke and by-products, their
workshops means of communication, electric lines, plant for catching and
distributing water, land, buildings such as offices, managers, employees, and
workmen's dwellings, schools, hospitals and dispensaries, their stocks and
supplies of every description, their archives and plans, and in general
everything which those who own or exploit the mines possess or enjoy for the
purpose of exploiting the mines and their accessories and subsidiaries.
The transfer will apply also to the debts owing for
products delivered before the entry into possession by the French State and
after the signature of the present Treaty, and to deposits of money made by
customers, whose rights will be guaranteed by the French State.
4.
The French State will acquire the property free and
clear of all debts and charges. Nevertheless, the rights acquired, or in course
of being acquired, by the employees of the mines and their accessories and
subsidiaries at the date of the coming into force of the present Treaty, in
connection with pensions for old age or disability, will not be affected. In
return, Germany must pay over to the French State a sum representing the
actuarial amounts to which the said employees are entitled.
5.
The value of the property thus ceded to the French
State will be determined by the Reparation Commission referred to in Article 233
of Part VIE (Reparation) of the present Treaty.
This value shall be credited to Germany in part payment
of the amount due for reparation. It will be for Germany to indemnify the
proprietors or parties concerned, whoever they may be.
6.
No tariff shall be established on the German railways
and canals which may directly or indirectly discriminate to the prejudice of the
transport of the personnel or products of the mines and their accessories or
subsidiaries, or of the material necessary to their exploitation. Such transport
shall enjoy all the rights and privileges which any international railway
conventions may . guarantee to similar products of French origin.
7.
The equipment and personnel necessary to ensure the
despatch and transport of the products of the mines and their accessories and
subsidiaries, as well as the carriage of workmen and employees, will be provided
by the local railway administration of the Basin.
8.
No obstacle shall be placed in the way of such
improvements of railways or waterways as the French State may judge necessary to
assure the despatch and the transport of the products of the mines and their
accessories and subsidiaries, such as double trackage, enlargement of stations,
and construction of yards and appurtenances. The distribution of expenses will,
in the event of disagreement, be submitted to arbitration.
The French State may also establish any new means of
communication, such as roads, electric lines, and telephone connections which it
may consider necessary for the exploitation of the mines it may exploit freely
and without any restrictions the means of communication of which it may become
the owner, particularly those connecting the mines and their accessories and
subsidiaries with the means of communication situated in French territory.
9.
The French State shall always be entitled to demand the
application of the German mining laws and regulations in force on November
11,1918, excepting provisions adopted exclusively in view of the state of war,
with a view to the acquisition of such land as it may judge necessary for the
exploitation of the mines and their accessories and subsidiaries.
The payment for damage caused to immovable property by
the working of the said mines and their accessories and subsidiaries shall be
made in accordance with the German mining laws and regulations above referred
to.
10.
Every person whom the French State may substitute for
itself as regards the whole or part of its rights to the exploitation of the
mines and their accessories and subsidiaries shall enjoy the benefit of the
privileges provided in this Annex.
11.
The mines and other immovable property which become the
property of the French State may never be made the subject of measures of
forfeiture, forced sale, expropriation or requisition, nor of any other measure
affecting the right of property.
The personnel and the plant connected with the
exploitation of these mines or their accessories and subsidiaries, as well as
the product extracted from the mines or manufactured in their accessories and
subsidiaries, may not at any time be made the subject of any measures of
requisition.
12.
The exploitation of the mines and their accessories and
subsidiaries, which become the property of the French State will continue,
subject to the provisions of paragraph 23 below, to be subject to the regime
established by the German laws and regulations in force on November 11,1918,
excepting provisions adopted exclusively in view of the state of war.
The rights of the workmen shall similarly be
maintained, subject to the
provisions of the said paragraph 23, as established on
November 11,1918, by the
German laws and regulations above referred to.
No impediment shall be placed in the way of the
introduction or employment in the mines and their accessories and subsidiaries
of workmen from without the Basin.
The employees and workmen of French nationality shall
have the right to belong to French labour unions.
13.
The amount contributed by the mines and their
accessories and subsidiaries, either to the local budget of the territory of the
Saar Basin or to the communal funds, shall be fixed with due regard to the ratio
of the value of the mines to the total taxable wealth of the Basin.
14.
The French State shall always have the right of
establishing and maintaining, as incidental to the mines, primary or technical
schools for its employees and their children, and of causing instruction therein
to be given in the French language, in accordance with such curriculum and by
such teachers as it may select.
It shall also have the right to establish and maintain
hospitals, dispensaries, workmen's houses and gardens, and other charitable and
social institutions.
15.
The French State shall enjoy complete liberty with
respect to the distribution, dispatch and sale prices of-the products of the
mines and their accessories and subsidiaries.
Nevertheless, whatever may be the total product of the
mines, the French Government undertakes that the requirements of local
consumption for industrial and domestic purposes shall always be satisfied in
the proportion existing in 1913 between the amount consumed locally and the
total output of the Saar Basin.
CHAPTER H.
GOVERNMENT OF THE TERRITORY OF THE SAAR BASIN.
16.
The Government of the territory of the Saar Basin shall
be entrusted to a Commission representing the League of Nations. This Commission
shall sit in the territory of the Saar Basin.
17.
The Governing Commission provided for by paragraph 16
shall consist of five members chosen by the Council of the League of Nations,
and will include one citizen of France, one native inhabitant of the Saar Basin,
not a citizen of France, and three members belonging to three countries other
than France or Germany.
The members of the Governing Commission shall be
appointed for one year and may be re-appointed. They can be removed by the
Council of the League of Nations, which will provide for their replacement.
The members of the Governing Commission will be
entitled to a salary which will be fixed by the Council of the League of
Nations, and charged on the local revenues.
18.
The Chairman of the Governing Commission shall be
appointed for one year from among the members of the Commission by the Council
of the League of Nations and may be re-appointed. The Chairman will act as the
executive of the Commission.
19.
Within the territory of the Saar Basin the Governing
Commission shall have all-the powers of government hitherto belonging to the
German Empire, Prussia, or Bavaria, including the appointment and dismissal of
officials, and the creation of such administrative and representative bodies as
it may deem necessary.
It shall have full powers to administer and operate the
railways, canals, and the different public services. Its decisions shall be
taken by a majority.
20.
Germany will place at the disposal of the Governing
Commission all official documents and archives under the control of Germany, of
any German State, or of any local authority, which relate to the territory of
the Saar Basin or to the rights of the inhabitants thereof.
21.
It will be the duty of the Governing Commission to
ensure, by such means and under such conditions as it may deem suitable, the
protection abroad of the interests of the inhabitants of the territory of the
Saar Basin.
22.
The Governing Commission shall have the full right of
user of all property, other than mines, belonging, either in public or in
private domain, to the Government of the German Empire, or the Government of any
German State, in the territory of the Saar Basin.
As regards the railways an equitable apportionment of
rolling stock shall be made by a mixed Commission on which the Government of the
territory of the Saar Basin and the German railways will be represented.
Persons, goods, vessels, carriages, wagons and mails
coming from or going to the Saar Basin shall enjoy all the rights and privileges
relating to transit and transport which are specified in the provisions of Part
XII (Ports, Waterways and Railways) of the present Treaty.
23.
The laws and regulations in force on November 11,1918,
in the territory of the Saar Basin (except those enacted in consequence of the
state of war) shall continue to apply.
24
If, for general reasons or to bring these laws and
regulations into accord with the provisions of the present Treaty, it is
necessary to introduce modifications, these shall be decided on, and put into
effect by the Governing Commission, after consultation with the elected
representatives of the inhabitants in such a manner as the Commission may
determine.
No modification may be made in the legal regime for the
exploitation of the mines, provided for in paragraph 12, without the French
State being previously consulted, unless such modification results from a
general regulation respecting labour adopted by the League of Nations.
In fixing the conditions and hours of labour for men,
women and children, the Governing Commission is to take into consideration the
wishes expressed by the local labour organisations, as well as the principles
adopted by the League of Nations.
Subject to the provisions of paragraph 4, no rights of
the inhabitants of the Saar Basin acquired or in process of acquisition at the
date of coming into force of this Treaty, in respect of any insurance system of
Germany or in respect of any pension of any kind, are affected by any of the
provisions of the present Treaty.
Germany and the Government of the territory of the Saar
Basin will preserve and continue all of the aforesaid rights.
25.
The civil and criminal courts existing in the territory
of the Saar Basin shall continue.
A civil and criminal court will be established by the
Governing Commission to hear appeals from the decisions of the said courts
and to decide matters for which these courts are not
competent.
The Governing Commission will be responsible for
settling the organisation and jurisdiction of the said court.
Justice will be rendered in the name of the Governing
Commission. 26.
The Governing Commission will alone have the power of
levying taxes and dues in the territory of Saar Basin.
These taxes and dues will be exclusively applied to the
needs of the territory.
26
The fiscal system existing on November 11,1918, will be
maintained as far as possible, and no new tax except customs duties may be
imposed without previously consulting the elected representatives of the
inhabitants.
27.
The present stipulation will not affect the existing
nationality of the inhabitants of the territory of the Saar Basin.
No hindrance shall be placed in the way of those who
wish to acquire a different nationality, but in such case the acquisition of the
new nationality will involve the loss of any other.
28.
Under the control of the Governing Commission the
inhabitants will retain their local assemblies, their religious liberties, their
schools and their language.
The right of voting will not be exercised for any
assemblies other than the local assemblies, and will belong to every inhabitant
over the age of twenty years, without distinction of sex.
29.
Any of the inhabitants of the Saar Basin who may desire
to leave the territory will have full liberty to retain in it their immovable
property or to sell it at fair prices, and to remove their movable property free
of any charges.
30.
There will be no military service, whether compulsory
or voluntary, in the territory of the Saar Basin, and the construction of
fortifications therein is forbidden.
Only a local gendarmerie for the maintenance of order
may be established.
It will be the duty of the Governing Commission to
provide in all cases for the protection of persons and property in the Saar
Basin.
31.
The territory of the Saar Basin as defined by Article
48 of the present Treaty shall be subjected to the French customs regime. The
receipts from the customs duties on goods intended for local consumption shall
be included in the budget of the said territory after deduction of all costs of
collection.
No export tax shall be imposed upon metallurgical
products or coal exported from the said territory to Germany, nor upon the
German exports for the use of the industries of the territory of the Saar Basin.
Natural or manufactured products originating in the
Basin in transit over German territory and, similarly, German products in
transit over the territory of the Basin shall be free
of all customs duties.
Products which both originate in and pass from the
Basin into Germany shall be free of import duties for a period of five years
from the date of the coming into force of the present Treaty, and during the
same period articles imported from Germany into the territory of the Basin for
local consumption, shall likewise be free of import duties.
During these five years the French Government reserves
to itself the right of limiting to the annual average of the quantities imported
into Alsace-Lorraine and France in the years 1911 to 1913 the quantities which
may be sent into France of all articles coming from the Basin which include raw
materials and semimanufactured goods imported duty free from Germany. Such
average shall be determined after reference to all available official
information and statistics.
32.
No prohibition or restriction shall be imposed upon the
circulation of French money in the territory of the Saar Basin.
The French State shall have the right to use French
money in all purchases, payments, and contracts connected with the exploitation
of the mines or their accessories and subsidiaries.
33.
The Governing Commission shall have power to decide all
questions arising from the interpretation of the preceding provisions.
France and Germany agree that any dispute involving a
difference of opinion as to the interpretation of the said provision shall in
the same way be submitted to the Governing Commission and the decision of a
majority of the Commission shall be binding on both countries.
CHAPTER HI. PLEBISCITE.
34.
At the termination of a period of fifteen years from
the coming into force of the present Treaty, the population of the territory
of the Saar Basin will be called upon to indicate their
desires in the following manner: A vote will take place by communes or
districts, on the three following alternatives: (a) maintenance of the regime
established by the present Treaty and by this Annex; (b) union with France; (c)
union with Germany.
All persons without distinction of sex, more than
twenty years old at the date of the voting, resident in the territory at the
date of the signature of the present Treaty, will have the right to vote.
The other conditions, methods, and the date of the
voting shall be fixed by the Council of the League of Nations in such a way as
to secure the freedom, secrecy and trustworthiness of the voting
35.
The League of Nations shall decide on the sovereignty
under which the territory is to be placed, taking into account the wishes of the
inhabitants as expressed by the voting.
(a) If, for the whole or part of the territory, the
League of Nations decides in favour of the maintenance of the regime established
by the present Treaty and
this Annex, Germany hereby agrees to make such
renunciation of her sovereignty in favour of the League of Nations as the latter
shall deem necessary. It will be the duty of the League of Nations to take
appropriate steps to adapt the regime definitively adopted to the permanent
welfare of the territory and the general interest;
(b) If, for the whole or part of the territory, the
League of Nations decides in favour of union with France, Germany hereby agrees
to cede to France in accordance with the decision of the League of Nations, all
rights and title over the territory specified by the League.
(c) If, for the whole or part of the territory, the
League of Nations decides in favour of union with Germany, it will be the duty
of the League of Nations to cause the German Government to be re-established in
the government of the territory specified by the League.
36.
If the League of Nations decides in favour of the union
of the whole or part of the territory of the Saar Basin with Germany, France's
rights of ownership in the mines situated in such part of
the territory will be repurchased by Germany in their
entirety at
a price payable in gold. The price to be paid will be
fixed by three experts, one nominated by Germany, one by France, and one,
who shall be neither a Frenchman nor a German, by the
Council of the League of Nations; the decision of the experts will be given by a
majority.
The obligation of Germany to make such payment shall be
taken into account by the Reparation Commission, and for the
purpose of this payment Germany may create a prior
charge upon her assets or revenues upon such detailed terms as shall be agreed
to by the Reparation Commission. If, nevertheless, Germany after a period of one
year from the date on which the payment becomes due shall not have effected the
said payment, the Reparation Commission shall do so in accordance with such
instructions as may be given by the League of Nations, and, if necessary, by
liquidating that part of the mines which is in question.
37.
If, in consequence of the repurchase provided for in
paragraph
36, the ownership of the mines or any part of them is
transferred to Germany, the French State and French nationals shall have the
right to purchase such amount of coal of the Saar Basin as their industrial and
domestic needs are found at that time to require. An equitable arrangement
regarding amounts of coal, duration of contract, and prices will be fixed in due
time by the Council of the League of Nations.
38.
It is understood that France and Germany may, by
special agreements concluded before the time fixed for the payment of the price
for the repurchase of the mines, modify the provisions of paragraphs 36 and 37.
39.
The Council of the League of Nations shall make such
provisions as may be necessary for the establishment of the regime which is to
take effect after the decisions of the League of Nations mentioned in paragraph
35 have become operative, including an equitable apportionment of any
obligations of the Government of the territory of the Saar Basin arising from
loans raised by the Commission or from other causes.
From the coming into force of the new regime, the
powers of the Governing Commission will terminate, except in the case provided
for in paragraph 35 (a).
In all matters dealt with in the present Annex, the
decisions of the Council of the League of Nations will be taken by a majority.
SECTION V. ALSACE-LORRAINE.
The HIGH CONTRACTING PARTIES, recognising the moral
obligation to redress the wrong done by Germany in 1871 both to the rights of
France and to the wishes of the population of Alsace and Lorraine, which were
separated from their country in spite of the solemn protest of their
representatives at the Assembly of Bordeaux
Agree upon the following Articles:
ARTICLE 51.
Los territorios cedidos a Alemania en
virtud de los preliminares de paz firmados en Versalles el 26 de Febrero de
1871, y del Tratado de Francfort de 10 de Mayo de 1871, quedan reintegrados a la
soberanía francesa a partir del armisti cio de 11 de Noviembre de 1918
The provisions of the Treaties establishing the
delimitation of the frontiers before 1871 shall be restored.
ARTICLE 52.
The German
Government shall hand over without delay to the French Government all archives,
registers, plans, titles and documents of every kind concerning the civil,
military, financial, judicial or other administrations of the territories
restored to French sovereignty. If any of these documents, archives, registers,
titles or plans nave been misplaced, they will be restored by the German
Government on the demand of the French Government.
ARTICLE 53.
Separate agreements shall be made between France and
Germany dealing with the interests of the inhabitants of the territories
referred to in Article 51, particularly as regards their civil rights, their
business and the exercise of their professions, it being understood that Germany
undertakes as from the present date to recognise and accept the regulations laid
down in the Annex hereto regarding the nationality of the inhabitants or natives
of the said territories, not to claim at any time or in any place whatsoever as
German nationals those who shall have been declared on any ground to be French,
to
30
receive all others in her territory, and to conform, as
regards the property of German nationals in the territories indicated in Article
51, with the provisions of Article 297 and the Annex to Section IV of Part X
(Economic Clauses) of the present Treaty.
Those German nationals who without acquiring French
nationality shall receive permission from the French Government to reside in the
said territories shall not be subjected to the provisions of the said Article.
ARTICLE 54.
Those persons who have regained French nationality in
virtue of paragraph 1 of the Annex hereto will be held to be Alsace-Lorrainers
for the purposes of the present Section.
The persons referred to in paragraph 2 of the said
Annex will from the day on which they have claimed French nationality be held to
be Alsace-Lorrainers with retroactive effect as from November 11,1918. For those
whose application is rejected, the privilege will terminate at the date of the
refusal.
Such juridical persons will also have the status of
AlsaceLorrainers as shall have been recognised as possessing this quality
whether by the French administrative authorities or by a judicial decision.
ARTICLE 55.
The territories referred to in Article 51 shall return
to France free and quit of all public debts under the conditions laid down in
Article 255 of Part IX (Financial Clauses) of the present Treaty.
ARTICLE 56.
In conformity with the provisions of Article 256 of
Part IX (Financial Clauses) of the present Treaty, France shall enter into
possession of all property and estate, within the
territories referred to in Article 51, which belong to the German Empire or
German States, without any payment or credit on this account to any of the
States ceding the territories.
This provision applies to all movable or immovable
property of public or private domain together with all rights whatsoever
belonging to the German Empire or German States or to their administrative
areas.
Crown property and the property of the former Emperor
or other German sovereigns shall be assimilated to property of the public
domain.
ARTICLE 57.
Germany shall not take any action, either by means of
stamping or by any other legal or administrative measures not applying equally
to the rest of her territory, which may be to the detriment of the legal value
or redeemability of Germany monetary instruments or monies which, at the date of
the signature of the present Treaty, are legally current, and at that date are
in the possession of the French Government.
ARTICLE 58.
A special Convention will determine the conditions for
repayment in marks of the exceptional war expenditure advanced during the course
of the war by Alsace-Lorraine or by the public bodies in Alsace-Lorraine on
account of the Empire in accordance with German law, such as payment to the
families of persons mobilised, requisitions, billeting of troops, and assistance
to persons who have been evacuated. In fixing the amount of these sums Germany
shall be credited with that portion which Alsace-Lorraine would have contributed
to the Empire to meet the expenses resulting from these payments, this
contribution being calculated according to the proportion of the Imperial
revenues derived from Alsace-Lorraine in 1913.
ARTICLE 59.
The French Government will collect for its own account
the Imperial taxes, duties and dues of every kind leviable in the territories
referred to in Article 51 and not collected at the time of the Armistice of
November 11,1918.
ARTICLE 60.
The German Government shall without delay restore to
AlsaceLorrainers (individuals, juridical persons and public institutions) all
property, rights and interests belonging to them on November 11,1918, in so far
as these are situated in German territory.
ARTICLE 61.
The German Government undertakes to continue and
complete without delay the execution of the financial clauses regarding
Alsace-Lorraine contained in the Armistice Conventions.
ARTICLE 62.
The German Government undertakes to bear the expense of
all civil and military pensions which had been earned in Alsace. Lorraine on
date of November 11, 1918, and the maintenance of which was a charge on the
budget of the German Empire.
The German Government shall furnish each year the funds
necessary for the payment in francs, at the average rate of exchange for that
year, of the sums in marks to which persons resident in Alsace-Lorraine would
have been entitled if Alsace-Lorraine had remained under German jurisdiction.
ARTICLE 63.
For the purposes of the obligation assumed by Germany
in Part VET (Reparation) of the present Treaty to give compensation for damages
caused to the civil populations of the Allied and Associated countries in the
form of fines, the inhabitants of the territories referred to in Article 51
shall be assimilated to the above-mentioned populations.
ARTICLE 64.
The regulations concerning the control of the Rhine and
of the Moselle are laid down in Part XII (Ports, Waterways and Railways) of the
present Treaty.
ARTICLE 65.
Within a period of three weeks after the coming into
force of the present Treaty, the port of Strasburg and the port of Kehl shall be
constituted, for a period of seven years, a single unit from the point of view
of exploitation.
The administration of this single unit will be carried
on by a manager named by the Central Rhine Commission, which shall also have
power to remove him.
This manager shall be of French nationality.
He will reside in Strasburg and will be subject to the
supervision of the Central Rhine Commission.
There will be established in the two ports free zones
in conformity with Part XII (Ports, Waterways and Railways) of the present
Treaty.
A special Convention between France and Germany which
shall be submitted to the approval of the Central Rhine Commission, will fix the
details of this organisation, particularly as regards finance.
It is understood that for the purpose of the present
Article the port of Kehl includes the whole of the area necessary for the
movement of the port and the trains which serve it, including the harbour, quays
and railroads, platforms, cranes, sheds and warehouses, silos, elevators and
hydro-electric plants, which make up the equipment of the port.
The German Government undertakes to carry out all
measures which shall be required of it in order to assure that all the making-up
and switching of trains arriving at or departing from Kehl, whether for the
right bank or the left bank of the Rhine, shall be carried on in the best
conditions possible.
All property rights shall be safeguarded. In particular
the administration of the ports shall not prejudice any property rights of the
French or Baden railroads.
Equality of treatment as respects traffic shall be
assured in both ports to the nationals, vessels and goods of every country.
In case at the end of the sixth year France shall
consider that the progress made in the improvement of the port of Strasburg
still requires a prolongation of this temporary regime, she may ask for such
prolongation from the Central Rhine Commission, which may grant an extension for
a period not exceeding three years.
Throughout the whole period of any such extension the
free zones above provided for shall be maintained.
Pending appointment of the first manager by the Central
Rhine Commission a provisional manager who shall be of French nationality may be
appointed by the Principal Allied and Associated Powers subject to the foregoing
provisions.
For all purposes of the present Article the Central
Rhine Commission will decide by a majority of votes.
ARTICLE 66.
The railway and other bridges across the Rhine now
existing within the limits of Alsace-Lorraine shall, as to all their parts and
their whole length, be the property of the French State, which shall ensure
their upkeep.
The French Government is substituted in all the, rights
of the German Empire over all the railways which were administered by the
Imperial railway administration and which are actually working or under
construction.
The same shall apply to the rights of the Empire with
regard to railway and tramway concessions within the territories referred to in
Article 51.
This substitution shall not entail any payment on the
part of the French State.
The frontier railway stations shall be established by a
subsequent agreement, it being stipulated in advance that on the Rhine frontier
they shall be situated on the right bank.
ARTICLE 67
The French Government is substituted in all the rights
of the German Empire over all the railways which were administered by the
Imperial railway administration and which are actually working or under
construction.
The same shall apply to the rights of the Empire with
regard to railway and tramway concessions within the territories referred to in
Article 51.
This substitution shall not entail any payment on the
part of the French State.
The frontier railway stations shall be established by a
subsequent agreement, it being stipulated in advance that on the Rhine frontier
they shall be situated on the right bank.
ARTICLE 68.
In accordance with the provisions of Article 268 of
Chapter I of Section I of Part X (Economic Clauses) of the present Treaty, for a
period of five years from the coming into force of the present Treaty, natural
or manufactured products originating in and coming from the territories referred
to in Article 51 shall, on importation into German customs territory, be exempt
from all customs duty.
The French Government may fix each year, by decree
communicated to the German Government, the nature and amount of the products
which shall enjoy this exemption.
The amount of each product which may be thus sent
annually into Germany shall not exceed the average of the amounts sent annually
in the years 1911-1913.
Further, during the period of five years above
mentioned, the German Government shall allow the free export from Germany and
the free reimportation into Germany, exempt from all customs, duties and other
charges (including internal charges), of yarns, tissues, and other textile
materials or textile products of any kind and in any condition, sent from
Germany into the territories referred to in Article 51, to be subjected there to
any finishing process, such as bleaching, dyeing, printing, mercerization,
gassing, twisting or dressing.
During a period of ten years from the coming into force
of the present Treaty, central electric supply works situated in German
territory and formerly furnishing electric power to the territories referred to
in Article 51 or to any establishment the working of which passes permanently or
temporarily from Germany to France, shall be required to continue such supply up
to the amount of consumption corresponding to the undertakings and contracts
current on November 11, 1918.
Such supply shall be furnished according to the
contracts in force and at a rate which shall not be higher than that paid to the
said works by German nationals.
ARTICLE 69.
During a period of ten years from the coming into force
of the present Treaty, central electric supply works situated in German
territory and formerly furnishing electric power to the territories referred to
in Article 51 or to any establishment the working of which passes permanently or
temporarily from Germany to France, shall be required to continue such supply up
to the amount of consumption corresponding to the undertakings and contracts
current on November 11, 1918.
Such supply shall be furnished according to the
contracts in force and at a rate which shall not be higher than that paid to the
said works by German nationals.
ARTICLE 70.
It is understood that the French Government preserves
its right to prohibit in the future in the territories referred to in Article 51
all new German participation:
(1) In the management or exploitation of the public
domain and of public services, such as railways, navigable waterways, water
works, gas works, electric power, etc.;
(2) In the ownership of mines and quarries of every
kind and in enterprises connected therewith;
(3) In metallurgical establishments, even though their
working may not be connected with that of any mine.
ARTICLE 71.
As regards the territories referred to in Article 51,
Germany renounces on behalf of herself and her nationals as from November
11,1918, all rights under the law of May 25, 1910, regarding the trade in potash
salts, and generally under any stipulations for the intervention of German
organisations in the working of the potash mines. Similarly, she renounces on
behalf of herself and her- nationals all rights under any agreements,
stipulations or laws which may exist to her benefit with regard to other
products of the aforesaid territories.
ARTICLE 72.
The settlement of the questions relating to debts
contracted before November 11, 1918, between the German Empire and the German
States or their nationals residing in Germany on the one part and
Alsace-Lorrainers residing in Alsace-Lorraine on the other part shall be
effected in accordance with the provisions of Section in of Part X (Economic
Clauses) of the present Treaty, the expression "before the war"
therein being replaced by the expression "before November 11,1918,. The
rate of exchange applicable in the case of such settlement shall be the average
rate quoted on the Geneva Exchange during the month preceding November 11, 1918.
There may be established in the territories referred to
in Article 51, for the settlement of the aforesaid debts under the conditions
laid down in Section HI of Part X (Economic Clauses) of the present Treaty, a
special clearing office, it being understood that this office shall be regarded
as a "central office" under the provisions of paragraph 1 of the Annex
to the said Section.
ARTICLE 73.
The private property, rights and interests of
Alsace-Lorrainers in Germany will be regulated by the stipulations of Section IV
of Part X (Economic Clauses) of the present Treaty.
ARTICLE 74.
The French Government reserves the right to retain and
liquidate all the property, rights and interests which German nationals or
societies controlled by Germany possessed in the territories referred to in
Article 51 on November 11, 1918, subject to the conditions laid down in the last
paragraph of Article 53 above. Germany will directly compensate her nationals
who may have been dispossessed by the aforesaid liquidations. The product of
these liquidations shall be applied in accordance with the stipulations of
Sections HI and IV of Part X (Economic Clauses) of the present Treaty.
ARTICLE 75.
Notwithstanding the stipulations of Section V of Part X
(Economic Clauses) of the present Treaty, all contracts made before the date of
the promulgation in Alsace-Lorraine of the French decree of November 30,1918,
between Alsace-Lorrainers (whether individuals or juridical persons) or others
resident in Alsace-Lorraine on the one part and the German Empire or German
States and their nationals resident in Germany on the other part, the execution
of which has been suspended by the Armistice or by subsequent French
legislation, shall be maintained.
Nevertheless, any contract of which the French
Government shall notify the cancellation to Germany in the general interest
within a period of six months from the date of the coming into force of the
present Treaty, shall be annulled except in respect of any debt or other
pecuniary obligation arising out of any act done or money paid thereunder before
November 11,1918. If this dissolution would cause one of the parties substantial
prejudice, equitable compensation, calculated solely on the capital employed
without taking account of loss of profits, shall be accorded to the prejudiced
party.
With regard to prescriptions, limitations and
forfeitures in Alsace-Lorraine, the provisions of Articles 300 and 301 of
Section V of Part X (Economic Clauses) shall be applied with the substitution
for the expression "outbreak of war" of the expression "November
11, 1918", and for the expression "duration of the war" of the
expression "period from November 11, 1918, to the date of the coming into
force of the present Treaty".
ARTICLE 76.
Questions concerning rights in industrial, literary or
artistic property of Alsace-Lorrainers shall be regulated in accordance with the
general stipulations of Section VII of Part X (Economic Clauses) of the present
Treaty, it being understood that AlsaceLorrainers holding rights of this nature
under German legislation will preserve full and entire enjoyment of those rights
on German territory.
ARTICLE 77
The German Government undertakes to pay over to the
French Government such proportion of all reserves accumulated by the Empire or
by public or private bodies dependent upon it, for the purposes of disability
and old age insurance, as would fall to the disability and old age insurance
fund at Strasburg.
The same shall apply in respect of the capital and
reserves accumulated in Germany falling legitimately to other social insurance
funds, to miners, superannuation funds, to the fund of the railways of
Alsace-Lorraine, to other superannuation organisations established for the
benefit of the personnel of public administrations and institutions operating in
Alsace-Lorraine and also in respect of the capital and reserves due by the
insurance fund of private employees at Berlin, by reason of engagements entered
into for the benefit of insured persons of that category resident in
Alsace-Lorraine. A special Convention shall determine the conditions and
procedure of these transfers.
ARTICLE 78.
With regard to the execution of judgments, appeals and
prosecutions, the following rules shall be applied:
(1) All civil and commercial judgments which shall have
been given since August
3,1914, by the Courts of Alsace-Lorraine between
Alsace-Lorrainers, or between Alsace-Lorrainers and foreigners, or between
foreigners, and which shall not have been appealed from before November 11,1918,
shall be regarded as final and susceptible of immediate execution without
further formality.
When the judgment has been given between
Alsace-Lorrainers and Germans or between Alsace-Lorrainers and subjects of the
allies of Germany, it shall only be capable of execution after the issue of an
exequatur by the corresponding new tribunal in the restored territory referred
to in Article 51.
(2) All judgments given by German Courts since August
3,1914, against Alsace-Lorrainers for political crimes or misdemeanors shall be
regarded as null and void.
(3) All sentences passed since November 11,1918, by the
Court of the Empire at Leipzig on appeals against the decisions of the Courts of
Alsace-Lorraine shall
be regarded as null and void and shall be so
pronounced. The papers in regard to the cases in which such sentences have been
given shall be returned to the Courts of Alsace-Lorraine concerned.
All appeals to the Court of the Empire against
decisions of the Courts of Alsace-Lorraine shall be suspended. The papers shall
be returned under the aforesaid conditions for transfer without delay to the
French Cour de Cassation, which shall be competent to decide them.
(4) All prosecutions in Alsace-Lorraine for offences
committed during the period between November 11,1918, and the coming into force
of the present Treaty will
38
be conducted under German law except in so far as this
has been modified by decrees duly published on the spot by the French
authorities.
(5) All other questions as to competence, procedure or
administration of justice shall be determined by a special Convention between
France and Germany.
ARTICLE 79.
The stipulations as to nationality contained in the
Annex hereto shall be considered as of equal force with the provisions of the
present Section.
All other questions concerning Alsace-Lorraine which
are not regulated by the present Section and the Annex thereto or by the general
provisions of the present Treaty will form the subject of further conventions
between France and Germany.
ANNEX. 1..
As from November 11, 1918, the following persons are
ipso facto reinstated in French nationality:
(1) Persons who lost French nationality by the
application of the Franco-German Treaty of May 10, 1871, and who have not since
that date acquired any nationality other than German;
(2) The legitimate or natural descendants of the
persons referred to in the immediately preceding paragraph, with the exception
of those whose ascendants in the paternal line include a German who migrated
into Alsace-Lorraine after July 15, 1870;
(3) All persons born in Alsace-Lorraine of unknown
parents, L or whose nationality is unknown.
2.
Within the period of one year from the coming into
force of the present Treaty, persons included in any of the following categories
may claim French nationality:
(1) All persons not restored to French nationality
under paragraph 1 above, whose ascendants include a Frenchman or Frenchwoman who
lost French nationality under the conditions referred to in the said paragraph;
(2) All foreigners, not nationals of a German State,
who acquired the status of a citizen of Alsace-Lorraine before August 3, 1914;
(3) All Germans domiciled in Alsace-Lorraine, if they
have been so domiciled since a date previous to July 15,1870, or if one of their
ascendants was at that date domiciled in Alsace-Lorraine;
(4) All Germans born or domiciled in Alsace-Lorraine
who have served in the Allied or Associated armies during the present war, and
their descendants;
(5) All persons born in Alsace-Lorraine before May 10,
1871, of foreign parents, and the descendants of such persons;
(6) The husband or wife of any person whose French
nationality may have been restored under paragraph 1, or who may have claimed
and obtained French nationality in accordance with the preceding provisions.
The legal representative of a minor may exercise, on
behalf of that minor, the right to claim French nationality; and if that right
has not been exercised, the minor may claim French nationality within the year
following his majority.
Except in the cases provided for in No.(6) of the
present paragraph, the French authorities reserve to themselves the right, in
individual cases, to reject the claim to French nationality.
3.
Subject to the provisions of paragraph 2, Germans born
or domiciled in Alsace-Lorraine shall not acquire French nationality by reason
of the restoration of Alsace-Lorraine to France, even though they may have the
status of citizens of Alsace-Lorraine.
They may acquire French nationality only by
naturalisation, on condition of having been domiciled in Alsace-Lorraine from a
date previous to August 3, 1914, and of submitting proof of unbroken residence
within the restored territory for a period of three years from November 11,1918.
France will be solely responsible for their diplomatic
and consular protection from the date of their application for French
naturalisation.
The French Government shall determine the procedure by
which reinstatement in French nationality as of right shall be effected, and the
conditions under which decisions shall be given upon claims to such nationality
and applications for naturalisation, as provided by the present Annex.
SECTION VI.
AUSTRIA.
ARTICLE 80.
Alemania reconoce, y respetará estrictamente, la
independencia de Austria dentro de las fronteras que se fijen en un Tratado
celebrado entre dicho Estado y las principales Potencias aliadas y asociadas, y
reconoce que esta independencia será inalienable, a no ser con el consentimiento
del Consejo de la Sociedad de Naciones..
SECTION VII.
CZECHO-SLOVAK STATE.
ARTICLE 81.
Alemania reconoce, como lo han hecho ya las Potencias
aliadas y asociadas, la completa independencia del Estado Checoslovaco, which
will include the autonomous territory of the Ruthenians to the south of the
Carpathians. Germany hereby recognises the frontiers of this State as determined
by the Principal Allied and Associated Powers and the other interested States.
ARTICLE 82.
La frontera entre Alemania y el Estado Checoslovaco estará determinada por la
antigua frontera entre Austria-Hungría y el Imperio Alemán, tal como se hallaba
en 3 de Agosto de 1914
ARTICLE 83.
Germany renounces in favour of the Czecho-Slovak State
all rights and title over the portion of Silesian territory defined as follows:
starting from a point about 2 kilometres south-east of Katscher, on the boundary
between the Kreise of Leobschutz and Ratibor: the boundary between the two
Kreise; then, the former boundary between Germany and Austria-Hungary up to a
point on the Oder immediately to the south of the Ratibor-Oderberg railway;
thence, towards the north-west and up to a point about 2 kilometres to the
south-east of Katscher: a line to be fixed on the spot passing to the west of
Kranowitz. A Commission composed of seven members, five nominated by the
Principal Allied and Associated Powers, one by Poland and one by the
Czecho-Slovak State, will be appointed fifteen days after the coming into force
of the present Treaty to trace on the spot the frontier line between Poland and
the Czecho-Slovak State. The decisions of this Commission will be taken by a
majority and shall be binding on the parties concerned. Germany hereby agrees to
renounce in favour of the Czecho-Slovak State all rights and title over the part
of the Kreis of Leobschutz comprised within the following boundaries in case
after the determination of the frontier between Germany and Poland the said part
of that Kreis should become isolated from Germany: from the south-eastern
extremity of the salient of the former Austrian frontier at about 5 kilometres
to the west of Leobschutz southwards and up to the point of junction with the
boundary between the Kreise of Leobschutz and Ratibor: the former frontier
between Germany and Austria-Hungary; then, northwards, the administrative
boundary between the Kreise of Leobschutz and Ratibor up to a point situated
about 2 kilometres to the south-east of Katscher; thence, north-westwards and up
to the starting-point of this definition: a line to be fixed on the spot passing
to the east of Katscher,
ARTICLE 84.
German nationals habitually resident in any of the
territories recognised as forming part of the Czecho-Slovak State will obtain
Czecho-Slovak nationality ipso facto and lose their German nationality.
ARTICLE 85.
Within a period of two years from the coming into force
of the present Treaty, German nationals over eighteen years of age habitually
resident in any of the territories recognized as forming part of the
Czecho-Slovak State will be entitled to opt for German, nationality.
Czecho-Slovaks who are German nationals and are habitually resident in Germany
will have a similar right to opt for Czecho-Slovak nationality.
Option by a husband will cover his wife and option by
parents will cover their children under eighteen years of age.
Persons who have exercised the above right to opt must
within the succeeding twelve months transfer their place of residence to the
State for which they have opted.
They will be entitled to retain their landed property
in the territory of the other State where they had their place of residence
before exercising the right to opt. They may carry with them their movable
property of every description. No export or import duties may be imposed upon
them in connection with the removal of such property.
Within the same period Czecho-Slovaks, who are German
nationals and are in a foreign country will be entitled, in the absence of any
provisions to the contrary in the foreign law, and if they have not acquired the
foreign nationality, to obtain Czecho-Slovak nationality and lose their German
nationality by complying with the requirements laid down by the Czecho-Slovak
State.
ARTICLE 86.
The Czecho-Slovak State accepts and agrees to embody in
a Treaty with the Principal Allied and Associated Powers such provisions as may
be deemed necessary by the said Powers to protect the interests of inhabitants
of that State who differ from the majority of the population in race, language,
or religion.
The Czecho-Slovak State further accepts and agrees to
embody in a Treaty with the said Powers such provisions as they may deem
necessary to protect freedom of transit and equitable treatment of the commerce
of other nations.
The proportion and nature of the financial obligations
of Germany and Prussia which the Czecho-Slovak State will have to assume on
account of the Silesian
territory placed under its sovereignty will be determined in accordance
with Article 254 of Part IX (Financial Clauses) of the present Treaty.
Subsequent agreements will decide all questions not
decided by the present Treaty which may arise in consequence of the cession of
the said territory.
SECTION VIII.
POLAND.
ARTICLE 87.
Alemania reconoce, como la han hecho ya las Potencias
aliadas y asociadas, la completa independencia de Polonia, y renuncia a favor de
Polonia toda clase de derechos y títulos sobre los territorios bounded by the
Baltic Sea, the eastern frontier of Germany as laid down in Article 27 of Part n
(Boundaries of Germany) of the present Treaty up to a point situated about 2
kilometres to the east of Lorzendorf, then a line to the acute angle which the
northern boundary of Upper Silesia makes about 3 kilometres north-west of
Simmenau, then the boundary of Upper Silesia to its meeting point with the old
frontier between Germany and Russia, then this frontier to the point where it
crosses the course of the Niemen, and then the northern frontier of East Prussia
as laid down in Article 28 of Part n aforesaid.
Esto, no obstante, las estipulaciones del presente
artículo no se aplicarán a los territorios de la Prusia oriental y de la ciudad
libre de Danzig, as defined in Article 28 of Part n (Boundaries of Germany) and
in Article lOo of Section XI (Danzig) of this Part.
The boundaries of Poland not laid down in the present
Treaty will be subsequently determined by the Principal Allied and Associated
Powers.
A Commission consisting of seven members, five of whom
shall be nominated by the Principal Allied and Associated Powers, one by Germany
and one by Poland, shall be constituted fifteen days after the coming into force
of the present Treaty to delimit on the spot the frontier line between Poland
and Germany. The decisions of the Commission will be taken by a majority of
votes and shall be binding upon the parties concerned.
ARTICLE 88.
In the portion of Upper Silesia included within the
boundaries described below, the inhabitants will be called upon to indicate by a
vote whether they wish to be attached to Germany or to Poland: starting from the
northern point of the salient of the old province of Austrian Silesia situated
about 8 kilometres east of Neustadt, the former frontier between Germany and
Austria to its junction with the boundary between the Kreise of Leobschutz and
Ratibor; thence in a northerly direction to a point about 2 kilometres
south-east of Katscher: the boundary between the Kreise of Leobschutz and
Ratibor; thence in a south-easterly direction to a point on the course of the
Oder immediately south of the Ratibor-Oderberg railway: a line to be fixed on
the ground passing south of Kranowitz; thence the old boundary between Germany
and Austria, then the old boundary between Germany and Russia to its junction
with the administrative boundary between Posnania and Upper Silesia; thence this
administrative boundary to its junction with the administrative boundary between
Upper and Middle Silesia, thence westwards to the point where the administrative
boundary turns in an acute angle to the south-east about 3 kilometres north-west
of Simmenau: the boundary between Upper and Middle Silesia; then in a westerly
direction to a point to be fixed on the ground about 2 kilometres east of
Lorzendorf: a line to be fixed on the ground passing north of Klein Hennersdorf:
thence southwards to the point where the boundary between Upper and Middle
Silesia cuts the Stadtel-Karlsruhe road: a line to be fixed on the ground
passing west of Hennersdorf, Polkowitz, Noldau, Steinersdorf, and Dammer, and
east of Strehlitz, Nassadel, Eckersdorf, Schwirz, and Stadtel; thence the
boundary between Upper and Middle Silesia to its junction with the eastern
boundary of the Kreis of Falkenberg; then the eastern boundary of the Kreis of
Falkenberg to the point of the salient which is 3 kilometres east of Puschine;
thence to the northern point of the salient of the old province of Austrian
Silesia situated about 8 kilometres east of Neustadt: a line to be fixed on the
ground passing east of Zulz.
The regime under which this plebiscite will be taken
and given effect to is laid down in the Annex hereto.
The Polish and German Governments hereby respectively
bind themselves to conduct no prosecutions on any part of their territory and to
take no exceptional proceedings for any political action performed in Upper
Silesia during the period of the regime laid down in the Annex hereto and up to
the settlement of the final status of the country.
Germany hereby renounces in favour of Poland all rights
and title over the portion of Upper Silesia lying beyond the frontier line fixed
by the Principal Allied and Associated Powers as the result of the plebiscite.
ANNEX. 1.
Within fifteen days from the coming into force of the
present Treaty the German troops and such officials as may be designated by the
Commission set up under the provisions of paragraph 2 shall evacuate the
plebiscite area. Up to the moment of the completion of the evacuation they shall
refrain from any form of requisitioning in money or in kind and from all acts
likely to prejudice the material interests of the country.
Within the same period the Workmen's and Soldiers'
Councils which have been constituted in this area shall be dissolved. Members of
such Councils who are natives of another region and are exercising their
functions at the date of the coming into force of the present Treaty, or who
have gone out of office since March 1,1919, shall be evacuated.
All military and semi-military unions formed in the
said area by inhabitants of the district shall be immediately disbanded All
members of such military organisations who are not domiciled in the said area
shall be required to leave it.
2.
The plebiscite area shall be immediately placed under
the authority of an International Commission of four members to be designated by
the following Powers: the United States of America, France, the British Empire,
and Italy. It shall be occupied by troops belonging to the Allied and Associated
Powers, and the German Government undertakes to give facilities for the
transference of these troops to Upper Silesia.
3.
The Commission shall enjoy all the powers exercised by
the German or the Prussian Government, except those of legislation or taxation.
It shall also be substituted for the Government of the province and the
Regierungsbezirk.
It shall be within the competence of the Commission to
interpret the powers hereby conferred upon it and to determine to what extent it
shall exercise them, and to what extent they shall be left in the hands of the
existing authorities.
Changes in the existing laws and the existing taxation
shall only be brought into force with the consent of the Commission.
The Commission will maintain order with the help of the
troops which will be at its disposal, and, to the extent which it may deem
necessary, by means of gendarmerie recruited among the inhabitants of the
country.
The Commission shall provide immediately for the
replacement of the evacuated German officials and, if occasion arises, shall
itself order the evacuation of such authorities and proceed to the replacement
of such local authorities as may be required.
It shall take all steps which it thinks proper to
ensure the freedom, fairness, and secrecy of the vote. In particular, it shall
have the right to order the expulsion of any person who may in any way have
attempted to distort the result of the plebiscite by methods of corruption or
intimidation.
The Commission shall have full power to settle all
questions arising from the execution of the present clauses. It shall be
assisted by technical advisers chosen by it from among the local population.
The decisions of the Commission shall be taken by a
majority vote.
4.
The vote shall take place at such date as may be
determined by the Principal Allied and Associated Powers, but not sooner than
six months or later than eighteen months after the establishment of the
Commission in the area.
The right to vote shall be given to all persons without
distinction of sex who:
(a) Have completed their twentieth year on the 1st
January of the year in which the plebiscite takes place-
(b) Were born in the plebiscite area or have been
domiciled there since a date to be determined by the Commission, which shall not
be subsequent to January 1, 1919, or who have been expelled by the German
authorities and have not retained their domicile there.
Persons convicted of political offences shall be
enabled to exercise their right of voting.
Every person will vote in the commune where he is
domiciled or in which he was born, if he has not retained his domicile in the
area.
The result of the vote will be determined by communes
according to the majority of votes in each commune.
5.
On the conclusion of the voting, the number of votes
cast in each commune will be communicated by the Commission to the Principal
Allied and Associated Powers, with a full report as to the taking of the vote
and a recommendation as to the line which ought to be adopted as the frontier of
Germany in Upper Silesia. In this recommendation regard will be paid to the
wishes of the inhabitants as shown by the vote, and to the geographical and
economic conditions of the locality.
6.
As soon as the frontier has been fixed by the Principal
Allied and Associated Powers, the German authorities will be notified by the
International Commission that they are free to take over the administration of
the territory which it is recognised should be German, the said authorities must
proceed to do so within one month of such notification and in the manner
prescribed by the Commission.
Within the same period and in the manner prescribed by
the commission, the Polish Government must proceed to take over the
administration of the territory which it is recognized should be Polish.
When the administration of the territory has been
provided for by the German and Polish authorities respectively, the powers of
the Commission will terminate.
The cost of the army of occupation and expenditure by
the Commission, whether in discharge of its own functions or in the
administration of the territory, will be a charge on the area.
ARTICLE 89.
Poland undertakes to accord freedom of transit to
persons, goods, vessels, carriages, wagons, and mails in transit between East
Prussia and the rest of Germany over Polish territory, including territorial
waters, and to treat them at least as favourably as the persons, goods, vessels,
carriages, wagons and mails respectively of Polish or of any other more favoured
nationality, origin importation, starting point, or ownerships as regards
facilities, restrictions and all other matters.
Goods in transit shall be exempt from all customs or
other similar duties.
Freedom of transit will extend to telegraphic and
telephonic services under the conditions laid down by the conventions referred
to in Article 98.
ARTICLE 90.
Poland undertakes to permit for a period of fifteen
years the exportation to Germany of the products of the mines in any part of
Upper Silesia transferred to Poland in accordance with the present Treaty.
Such products shall be free from all export duties or
other charges or restrictions on exportation.
Poland agrees to take such steps as may be necessary to
secure that any such products shall be available for sale to purchasers in
Germany on terms as favourable as are applicable to like products sold under
similar conditions to purchasers in Poland or in any other country.
ARTICLE 91.
German nationals habitually resident in territories
recognised as forming part of Poland will acquire Polish nationality ipso facto
and will lose their German nationality. German nationals, however, or their
descendants who became resident in these territories after January 1,1908, will
not acquire Polish nationality without a special authorisation from the Polish
State.
Within a period of two years after the coming into
force of the present Treaty, German nationals over 18 years of age habitually
resident in any of the territories recognised as forming part of Poland will be
entitled to opt for German nationality.
Poles who are German nationals over 18 years of age and
habitually resident in Germany will have a similar right to opt for Polish
nationality.
Option by a husband will cover his wife and option by
parents will cover their children under 18 years of age.
Persons who have exercised the above right to opt may
within the succeeding twelve months transfer their place of residence to the
State for which they have opted.
They will be entitled to retain their immovable
property in the territory of the other State where they had their place of
residence before exercising the right to opt.
They may carry with them their movable property of
every description. No export or import duties or charges may be imposed upon
them in connection with the removal of such property.
Within the same period Poles who are German nationals
and are in a foreign country will be entitled, in the absence of any provisions
to the contrary in the foreign law, and if they have not acquired the foreign
nationality, to obtain Polish nationality and to lose their German nationality
by complying with the requirements laid down by the Polish State.
In the portion of Upper Silesia submitted to a
plebiscite the provisions of this Article shall only come into force as from the
definitive attribution of the territory.
ARTICLE 92.
The proportion and the nature of the financial
liabilities of Germany and Prussia which are to be borne by Poland will be
determined in accordance with Article 254 of Part IX (Financial Clauses) of the
present Treaty.
There shall be excluded from the share of such
financial liabilities assumed by Poland that portion of the debt which,
according to the finding of the Reparation Commission referred to in the
above-mentioned Article, arises from measures adopted by the German and Prussian
Governments with a view to German colonisation in Poland.
In fixing under Article 256 of the present Treaty the
value of the property and possessions belonging to the German Empire and to the
German States which pass to Poland with the territory transferred above, the
Reparation Commission shall exclude from the valuation buildings, forests, and
other State property which belonged to the former Kingdom of Poland; Poland
shall acquire these properties free of all costs and charges.
In all the German territory transferred in accordance
with the present Treaty and recognised as forming definitively part of Poland,
the property, rights, and interests of German nationals shall not be liquidated
under Article 297 by the Polish Government except in accordance with the
following provisions:
(1) The proceeds of the liquidation shall be paid
direct to the owner;
(2) If on his application the Mixed Arbitral Tribunal
provided for by Section VI of Part X (Economic Clauses) of the present Treaty,
or an arbitrator appointed by that Tribunal, is satisfied that the conditions of
the sale or measures taken by
the Polish Government outside its general legislation
were unfairly prejudicial to the price obtained, they shall have discretion to
award to the owner equitable compensation to be paid by the Polish Government.
Further agreements will regulate all questions arising
out of the cession of the above territory which are not regulated by the present
Treaty.
ARTICLE 93.
Poland accepts and agrees to embody in a Treaty with
the Principal Allied and Associated Powers such provisions as may be deemed
necessary by the said Powers to protect the interests of inhabitants of Poland
who differ from the majority of the population in race, language, or religion.
Poland further accepts and agrees to embody in a Treaty
with the said Powers such provisions as they may deem necessary to protect
freedom of transit and equitable treatment of the commerce of other nations.
SECTION IX. EAST
PRUSSIA.
ARTICLE 94.
En la zona comprendida entre la frontera sur del
territorio de la Prusia oriental, tal como queda determinada dicha frontera en
el artículo 28 de la Parte II (frontera de Alemania) del presente Tratado, y la
línea que a continuación se describe, los habitantes serán invitados a
manifestar, por medio del sufragio, a qué Estado desean quedar unidos:
The western and northern boundary of Regierungsbezirk
Allenstein to its junction with the boundary between the Kreise of Oletsko and
Angerburg; thence, the northern boundary of the Kreis of Oletsko to its junction
with the old frontier of East Prussia.
ARTICLE 95.
The German troops and authorities will be withdrawn
from the area defined above within a period not exceeding fifteen days after the
coming into force of the present treaty. Until the evacuation is completed they
will abstain from all requisitions in money or in kind and from all measures
injurious to the economic interests of the country.
On the expiration of the above-mentioned period the
said area will be placed under the authority of an International Commission of
five members appointed by
the Principal Allied and Associated Powers. This Commission will have
general powers of administration and, in particular, will be charged with the
duty of arranging for the vote and of taking such measures as it may deem
necessary to ensure its freedom, fairness, and secrecy. The Commission will have
all necessary authority to decide any questions to which the execution of these
provisions may give rise. The Commission will make such arrangements as may be
necessary for assistance in the exercise of its functions by officials chosen by
itself from the local population. Its decisions will be taken by a majority.
Every person, irrespective of sex, will be entitled to
vote who:
(a) Is 20 years of age at the date of the coming into
force of the present Treaty, and
(b) Was born within the area where the vote will take
place or has been habitually resident there from a date to be fixed by the
Commission.
Every person will vote in the commune where he is
habitually resident or, if not habitually resident in the area, in the commune
where he was born.
The result of the vote will be determined by communes
(Gemeinde) according to the majority of the votes in each commune.
On the conclusion of the voting the number of votes
cast in each commune will be communicated by the Commission to the Principal
Allied and Associated Powers, with a full report as the taking of the vote and a
recommendation as to the line which ought to be adopted as the boundary of East
Prussia in this region . In this recommendation regard will be paid to the
wishes of the inhabitants as shown by the vote and to the geographical and
economic conditions of the locality. The Principal Allied and Associated Powers
will then fix the frontier between East Prussia and Poland in this region.
If the line fixed by the Principal Allied and
Associated Powers is such as to exclude from East Prussia any part of the
territory defined in Article 94, the renunciation of its rights by Germany in
favour of Poland, as provided in Article 87 above, will extend to the
territories so excluded.
As soon as the line has been fixed by the Principal
Allied and Associated Powers, the authorities administering East Prussia will be
notified by the International Commission that they are free to take over the
administration of the territory to the north of the line so fixed, which they
shall proceed to do within one month of such notification and in the manner
prescribed by the Commission. Within the same period and as prescribed by the
Commission, the Polish Government must proceed to take over the administration
of the territory to the south of the line. The administration of the territory
by the East Prussian and Polish authorities respectively has been provided for,
the powers of the Commission will terminate.
Expenditure by the Commission, whether in the discharge
of its own functions or in the administration of the territory, will be borne by
the local revenues East Prussia will be required to bear such proportion of any
deficit as may be fixed by the Principal Allied and Associated Powers.
ARTICLE 96.
In the area comprising the Kreise of Stuhm and
Rosenberg and the portion of the Kreis of Marienburg which is situated east of
the Nogat and that of Marienwerder east of the Vistula, the inhabitants will be
called upon to indicate by a vote, to be taken in each commune (Gemeinde),
whether they desire the various communes situated in this territory to belong to
Poland or to East Prussia.
ARTICLE 97.
The German troops and authorities will be withdrawn
from the area defined in Article 96 within a period not exceeding fifteen days
after the coming into force of the present Treaty. Until the evacuation is
completed they will abstain from all requisitions in money or in kind and from
all measures injurious to the economic interests of the country.
On the expiration of the above-mentioned period, the
said area will be placed under the authority of an International Commission of
five members appointed by the Principal Allied and Associated Powers. This
Commission, supported if occasion arises by the necessary forces, will have
general powers of administration and in particular will be charged with the duty
of arranging for the vote and of taking such measures as it may deem necessary
to ensure its freedom, fairness, and secrecy. The Commission will conform as far
as possible to the provisions of the present Treaty relating to the plebiscite
in the Allenstein area; its decisions will be taken by a majority.
Expenditure by the Commission, whether in the discharge
of its own functions or in the administration of the territory, will be borne by
the local revenues.
On the conclusion of the voting the number of votes
cast in each commune will be communicated by the Commission to the Principal
Allied and Associated Powers with a full report as to the taking of the vote and
a recommendation as to the line which ought to be adopted as the boundary of
East Prussia in this region. In this recommendation regard will be paid to the
wishes of the inhabitants as shown by the vote and to the geographical and
economic conditions of the locality. The Principal Allied and Associated Powers
will then fix the frontier between East Prussia and Poland in this region,
leaving in any case to Poland for the whole of the section bordering on the
Vistula full and complete control of the river including the east bank as far
east of the river as may be necessary for its regulation and improvement,
Germany agrees that in any portion of the said territory which remains German,
no fortifications shall at any time be erected. The Principal Allied and
Associated Powers will at the same time draw up
regulations for assuring to the population of
East Prussia to the fullest extent and under equitable conditions access to the
Vistula and the use of it for themselves, their commerce, and their boats.
The determination of the frontier and the foregoing
regulations shall be binding upon all the parties concerned.
When the administration of the territory has been taken
over by the East Prussian and Polish authorities respectively, the powers of the
Commission will terminate.
ARTICLE 98.
Germany and Poland undertake, within one year of the
coming into force of this Treaty, to enter into conventions of which the terms,
in case of difference, shall be settled by the Council of the League of Nations,
with the object of securing, on the one hand, to Germany full and adequate
railroad, telegraphic and telephonic facilities for communication between the
rest of Germany and East Prussia over the intervening Polish territory, and on
the other hand to Poland full and adequate railroad, telegraphic and telephonic
facilities for communication between Poland and the Free City of Danzig over any
German territory that may, on the right bank of the Vistula, intervene between
Poland and the Free City of Danzig.
SECTION X. MEMEL.
ARTICLE 99.
Alemania renuncia, en favor de las principales
Potencias aliadas y asociadas, a todos sus derechos y títulos sobre los
territorios comprendidos entre el mar Báltico, la frontera nordeste de Prusia
oriental descrita en el artículo 28 de la Parte II (frontera de Alemania) del
presente Tratado, y las antiguas fronteras entre Alemania y Rusia. Germany
undertakes to accept the settlement made by the Principal Allied and Associated
Powers in regard to these territories, particularly in so far as concerns the
nationality of the inhabitants.
SECTION XI.
FREE CITY OF DANZIG.
ARTICLE 100.
Alemania renuncia en favor de las principales Potencias
aliadas y asociadas a todos sus derechos y títulos sobre el territorio
comprendido dentro de los límites siguientes:
from the Baltic Sea southwards to the point where the
principal channels of navigation of the Nogat and the Vistula (Weichsel) meet:
the
boundary of East Prussia as described in Article 28 of Part n (Boundaries of
Germany) of the present Treaty;
thence the principal channel of navigation of the
Vistula downstream to a point about 6-1/2 kilometres north of the bridge of
Dirschau;
thence north-west to point 5-1/2 kilometres south-east
of the church of Guttiand: a line to be fixed on the ground,
thence in a general westerly direction to the salient
made by the boundary of the Kreis of Berent 8-1/2 kilometres north-east of
Schoneck:
a line to be fixed on the ground passing between
Muhlbanz on the south and Rambeltsch on the north;
thence the boundary of the Kreis of Berent westwards to
the re-entrant which it forms 6 kilometres north-north-west Schoneck; thence to
a point on the median line of Lonkener See:
a line to be fixed on the ground passing north of Neu
Fietz and Schatarpi and south of Barenhutte and Lonken;
thence the median line of Lonkener See to its
northernmost point;
thence to the southern end of Pollenziner See:
a line to be fixed on the ground;
thence the median line of Pollenziner See to its
northernmost point;
thence in a north-easterly direction to a point about 1
kilometre south of Koliebken church, where the Danzig-Neustadt railway crosses a
stream:
a line to be fixed on the ground passing south-east of
Kamehlen, Krissau, Fidlin, Sulmin (Richthof), Mattern, Schaferei, and to the
north-west of Neuendorf, Marschau, Czapielken, Hoch- and Klein-Kelpin,
Pulvermuhl, Renneberg, and the towns of Oliva and Zoppot;
thence the course of the stream mentioned above to the
Baltic Sea. The boundaries described above are drawn on a German map, scale
1/100,000, attached to the present Treaty (Map No. 3).
ARTICLE 101.
A Commission composed of three members appointed by the
Principal Allied and Associated Powers, including a High Commissioner as
President, one member appointed by Germany and one member appointed by Poland,
shall be constituted within fifteen days of the coming into force of the present
Treaty for the purpose
of delimiting on the spot the frontier of the territory as described above,
taking into account as far as possible the existing communal boundaries.
ARTICLE 102.
The Principal Allied and Associated Powers undertake to
establish the town of Danzig, together with the rest of the territory described
in Article 100, as a Free City. It will be placed under the protection of the
League of Nations.
ARTICLE 103.
A constitution for the Free City of Danzig shall be
drawn up by the duly appointed representatives of the Free City in agreement
with a High Commissioner to be appointed by the League of Nations. This
constitution shall be placed under the guarantee of the League of Nations.
The High Commissioner will also be entrusted with the
duty of dealing in the first instance with all differences arising between
Poland and the Free City of Danzig in regard to this Treaty or any arrangements
or agreements made thereunder.
The High
Commissioner shall reside at Danzig.
ARTICLE 104.
Se concertará una convención, cuyos términos serán fijados por las principales Potencias aliadas y asociadas y que empezará a regir al mismo tiempo que se establezca la ciudad libre, entre el gobierno polaco y la ciudad libre de Danzig con objeto:
1º) De colocar a la ciudad de Danzig dentro de los límites de la frontera adua nera de Polonia, y de establecer una zona franca en el puerto;
2.°) De asegurar a Polonia, sin restricción alguna, el libre uso del servicio de las vías acuáticas, diques, dársenas, muelles y otras obras situadas en el territorio de la ciudad libre que sean necesarias para las importaciones y exportaciones de Polonia;
3.°) De
asegurar a Polonia la intervención y la administración del Vístula y del
conjunto de la red ferroviaria;
(4) To ensure to Poland the right to develop and
improve the waterways, docks, basins, wharves, railways and other works and
means of communication mentioned in this Article, as well as to lease or
purchase through appropriate processes such land and other property as may be
necessary for these purposes,
(5) To provide against any discrimination within the
Free City of Danzig to the detriment of citizens of Poland and other persons of
Polish origin or speech;
(6) To provide that the Polish Government shall
undertake the conduct of the foreign relations of the Free City of Danzig as
well as the diplomatic protection of citizens of that city when abroad.
ARTICLE 105.
On the coming into force of the present Treaty German
nationals ordinarily resident in the territory described in Article 100 will
ipso facto lose their German nationality in order to become nationals of the
Free City of Danzig.
ARTICLE 106.
Within a period of two years from the coming into force
of the present Treaty, German nationals over 18 years of age ordinarily resident
in the territory described in Article 100 will have the right to opt for German
nationality.
Option by a husband will cover his wife and option by
parents will cover their children less than 18 years of age.
All persons who exercise the right of option referred
to above must during the ensuing twelve months transfer their place of residence
to Germany.
These persons will be entitled to preserve the
immovable property possessed by them in the territory of the Free City of
Danzig. They may carry with them their movable property of every description. No
export or import duties shall be imposed upon upon them in this connection.
ARTICLE 107.
All property situated within the territory of the Free
City of Danzig belonging to the German Empire or to any German State shall pass
to the Principal Allied and Associated Powers for transfer to the Free City of
Danzig or to the Polish State as they may consider equitable.
ARTICLE 108.
The proportion and nature of the financial liabilities
of Germany and of Prussia to be borne by the Free City of Danzig shall be fixed
in accordance with Article 254 of Part IX (Financial Clauses) of the present
Treaty.
All other questions which may arise from the cession of
the territory referred to in Article 100 shall be settled by further agreements.
SECTION XII.
SCHLESWIG.
Artículo 109.
La frontera entre Alemania y Dinamarca se
fijará conforme a las aspiraciones de las poblaciones.
For this purpose, the population inhabiting the
territories of the former German Empire situated to the north of a line, from
East to West, (shown by a brown line on the map No. 4, annexed to the present
Treaty):
leaving the Baltic Sea about 13 kilometres
east-north-east of Flensburg,
running south-west so as to pass south-east of: Sygum,
Ringsberg, Munkbrarup, Adelby, Tastrup, Jarplund, Oversee, and northwest of:
Langballigholz, Langballig, Bonstrup, Rullschau, Weseby, Kleinwolstrup,
Gross-Solt,
thence westwards passing south of Frorup and north of
Wanderup,
thence in a south-westerly direction passing south-east
of Oxlund, Stieglund and Ostenau and north-west of the villages on the
Wanderup-Kollund road,
thence in a north-westerly direction passing south-west
of Lowenstedt, Joldelund, Goldelund, and north-east of Kolkerheide and Hogel to
the bend of the Soholmer Au, about 1 kilometre east of Soholm, where it meets
the southern boundary of the Kreis of Tondern, following this boundary to the
North Sea,passing south of the islands of Fohr and Amrum and north of the
islands of Oland and Langeness, shall be called upon to pronounce by a vote
which will be taken under the following conditions:
(1) Within a period not exceeding ten days from the
coming into force of the present Treaty, the German troops and authorities
(including the Oberprasidenten, Regjerungs-prasidenten, Landrathe,
Amtsvorsteher, Oberburgermeister) shall evacuate the zone lying to the north of
the line above fixed.
Within the same period the Workmen's and Soldiers',
Councils which have been constituted in this zone shall be dissolved; members of
such councils who are natives of another region and are exercising their
functions at the date of the coming into force of the present Treaty, or who
have gone out of office since March 1,1919, shall also be evacuated.
The said zone shall immediately be placed under the
authority of an International Commission, composed of five members, of whom
three will be designated by the Principal Allied and Associated Powers; the
Norwegian and Swedish Governments will each be requested to designate a member;
in the event of their failing to do so, these two members will be chosen by the
Principal Allied and Associated Powers.
The Commission, assisted in case of need by the
necessary forces, shall have general powers of administration. In particular, it
shall at once provide for filling the places of the evacuated German
authorities, and if necessary shall itself give orders for their evacuation, and proceed to fill the places
of such local authorities as may be required. It shall take all steps which it
thinks proper to ensure the freedom, fairness, and secrecy of the vote. It shall
be assisted by German and Danish technical advisers chosen by it from among the
local population. Its decisions will be taken by a majority.
One-half of the expenses of the Commission and of the
expenditure occasioned by the plebiscite shall be paid by Germany.
(2) The right to vote shall be given to all persons,
without distinction of sex, who:
(a) Have completed their twentieth year at the date of
the coming into force of the present Treaty; and
(b) Were born in the zone in which the plebiscite is
taken, or have been domiciled there since a date before January 1,1900, or had
been expelled by the German authorities without having retained their domicile
there.
Every person will vote in the commune (Gemeinde) where
he is domiciled or of which he is a native.
Military persons, officers, non-commissioned officers
and soldiers of the German army, who are natives of the zone of Schleswig in
which the plebiscite is taken, shall be given the opportunity to return to their
native place in order to take part in the voting there.
(3) In the section of the evacuated zone lying to the
north of a line, from East to West (shown by a red line on map No. 4 which is
annexed to the present Treaty). [See Introduction]:
passing south of the island of Alsen and following the
median line of Flensburg Fjord,
leaving the fjord about 6 kilometres north of Flensburg
and following the course of the stream flowing past Kupfermuhle upstream to a
point north of Niehuus, passing north of Pattburg and Ellund and south of
Froslee to meet the eastern boundary of the Kreis of Tondern at its junction
with the boundary between the old jurisdiction of Slogs and Kjaer (Slogs,
Herred, and Kaer Herred), following the latter boundary to where it meets the
Scheidebek, following the course of the Scheidebek (Alte Au), Suder Au, and Wied
Au downstream successively to the point where the latter bends northwards about
1,500 metres west of Ruttebull thence, in a west-north-westerly direction to
meet the North Sea north of Sieltoft, thence, passing north of the island of
Sylt, the vote above provided for shall be taken within a period not exceeding
three weeks after the evacuation of the country by the German troops and
authorities.
The result will be determined by the majority of votes
cast in the whole of this section. This result will be immediately communicated
by the Commission to the Principal Allied and Associated Powers and proclaimed.
If the vote results in favour of the reincorporation of
this territory in the Kingdom of Denmark, the Danish Government in agreement
with the Commission will be entitled to effect its occupation with their
military and administrative authorities immediately after the proclamation.
(4) In the section of the evacuated zone situated to
the south of the preceding section and to the north of the line which starts
from the Baltic Sea 13 kilometres from Flensburg and ends north of the islands
of Oland and Langeness, the vote will be taken within a period not exceeding
five weeks after the plebiscite shall have been held in the first section.
The result will be determined by communes (Gemeinden),
in accordance with the majority of the votes cast in each commune (Gemeinde).
ARTICLE 110.
Pending a delimitation on the spot, a frontier line
will be fixed by the Principal Allied and Associated Powers according to a line
based on the result of the voting, and proposed by the International Commission,
and taking into account the particular geographical and economic conditions of
the localities in question.
From that time the Danish Government may effect the
occupation of these territories with the Danish civil and military authorities,
and the German Government may reinstate up to the said frontier line the German
civil and military authorities whom it has evacuated.
Germany hereby renounces definitely in favour of the
Principal Allied and Associated Powers all rights of sovereignty over the
territories situated to the north of the frontier line fixed in accordance with
the above provisions. The Principal Allied and Associated Powers will hand over
the said territories to Denmark.
ARTICLE 111.
A Commission composed of seven members, five of whom
shall be nominated by the Principal Allied and Associated Powers, one by
Denmark, and one by Germany, shall be constituted within fifteen days from the
date when the final result of the vote is known, to trace the frontier line on
the spot.
The decisions of the Commission will be taken by a
majority of votes and shall be binding on the parties concerned.
ARTICLE 112.
All the inhabitants of the territory which is returned
to Denmark will acquire Danish nationality ipso facto, and will lose their
German nationality.
Persons, however, who had become habitually resident in
this territory after October 1,1918, will not be able to acquire Danish
nationality without permission from the Danish Government.
ARTICLE 113.
Within two years from the date on which the sovereignty
over the whole or part of the territory of Schleswig subjected to the plebiscite
is restored to Denmark:
Any person over 18 years of age, born in the territory
restored to Denmark not habitually resident in this region, and possessing
German nationality, will be entitled to opt for Denmark;
Any person over 18 years of age habitually resident in
the territory restored to Denmark will be entitled to opt for Germany.
Option by a husband will cover his wife and option by
parents will cover their children less than 18 years of age.
Persons who have exercised the above right to opt must
within the ensuing twelve months transfer their place of residence to the State
in favour of which they have opted.
They will be entitled to retain the immovable property
which they own in the territory of the other State in which they were habitually
resident before opting. They may carry with them their movable property of every
description. No export or import duties may be imposed upon them in connection
with the removal of such property.
ARTICLE 114.
The proportion and nature of the financial or other
obligations of Germany and Prussia which are to be assumed by Denmark will be
fixed in accordance with Article 254 of Part IX (Financial Clauses) of the
present Treaty.
Further stipulations will determine any other questions
arising out of the transfer to Denmark of the whole or part of the territory of
which she was deprived by the Treaty of October 30,1864.
SECTION XIII.
Heligoland
Artículo 115.
Las fortificaciones, los establecimientos
militares y los puertos de las islas de Heligoland y de Dune se destruirán, bajo
la inspección de los principales gobiernos aliados, por el gobierno alemán y a
su costa, dentro del plazo que fijen aquellos gobiernos.
The term "harbours,, shall include the north-east
mole, the west wall, the outer and inner breakwaters, and reclaimed land within
them, and all naval and military works, fortifications, and buildings,
constructed or under construction, between lines connecting the following
positions taken from the British Admiralty chart No. 126 of April 19,1918:
(a) lat. 54° 10' 49" N.; long. 7° 53' 39" E.; (b) 54° 10' 35" N.; 7° 54' 18" E.; (c) 54° 10' 14" N.; 7° 54' 00" E.; (d) 54° 10' 17" N.; 7° 53' 37" R; (e) 54° 10' 44" N.; 7° 53' 26" E.
These fortifications, military establishments, and
harbours shall not be reconstructed nor shall any similar works be constructed
in future.
SECTION XIV.
RUSSIA AND RUSSIAN STATES.
Sección Decimocuarta: Rusia y Estados rusos
Artículo 116.
Alemania reconoce y se compromete a respetar, como permanente e inalienable, la independencia de todos los territorios que formaban parte del antiguo imperio de Rusia el 1 de Agosto de 1914.
Alemania acepta definitivamente la
anulación de los Tratados de de Brest-Litovsk, así como todos los demás acuerdos
o convenios celebrados por ella con el gobierno maximalista de Rusia.
Las Potencias aliadas y asociadas reservan expresamente los derechos de Rusia para obtener de Alemania todas las restituciones y reparaciones que se basen en los principios del presente Tratado
ARTICLE 117.
Germany undertakes to recognise the full force of all
treaties or agreements which may be entered into by the Allied and Associated
Powers with States now existing or coming into existence in future in the whole
or part of the former Empire of Russia as it existed on August 1,1914, and to
recognise the frontiers of any such States as determined therein.
MANDATES IN
AFRICA
[see MAP]
PARTE CUARTA
Derechos e intereses alemanes fuera de Alemania
Artículo 118.
Fuera de sus límites de Europa, tales como
quedan fijados en el presente Tratado, Alemania renuncia a todos sus derechos,
títulos o privilegios relativos a los territorios que hayan pertenecido a ella o
a sus aliadas.
Germany hereby undertakes to recognise and to conform
to the measures which may be taken now or in the future by the Principal Allied
and Associated Powers, in agreement where necessary with third Powers, in order
to carry the above stipulation into effect
In particular Germany declares her acceptance of the
following Articles relating to certain special subjects.
Sección Primera:
Colonias alemanas
Artículo 119.
Alemania renuncia a todos sus derechos y
títulos sobre sus posesiones de Ultramar en favor de las principales Potencias
aliadas y asociadas.
ARTICLE 120.
All movable and immovable property in such territories
belonging to the German Empire or to any German State shall pass to the
Government exercising authority over such territories, on the terms laid down in
Article 257 of Part IX (Financial Clauses) of the present Treaty. The decision
of the local courts in any dispute as to the nature of such property shall be
final.
ARTICLE 121.
The provisions of Sections I and IV of Part X (Economic
Clauses) of the present Treaty shall apply in the case of these territories
whatever be the form of Government adopted for them.
ARTICLE 122.
The Government exercising authority over such
territories may make such provisions as it thinks fit with reference to the
repatriation from them of German nationals and to the conditions upon which
German subjects of European origin shall, or shall not, be allowed to reside,
hold property, trade or exercise a profession in them.
ARTICLE 123.
The provisions of Article 260 of Part IX (Financial
Clauses) of the present Treaty shall apply in the case of all agreements
concluded with German nationals for the construction or exploitation of public
works in the German oversea possessions, as well as any sub-concessions or
contracts resulting therefrom which may have been made to or with such
nationals.
ARTICLE 124.
Germany hereby undertakes to pay, in accordance with
the estimate to be presented by the French Government and approved by the
Reparation Commission, reparation for damage suffered by French nationals in the
Cameroons or the frontier zone by reason of the acts of the German civil and
military authorities and of German private individuals during the period from
January 1, 1900, to August 1, 1914.
ARTICLE 125.
Germany renounces all rights under the Conventions and
Agreements with France of November 4,1911, and September 28,1912, relating to
Equatorial Africa. She undertakes to pay to the French Government, in accordance
with the estimate to be presented by that Government and approved by the
Reparation Commission, all the deposits, credits, advances, etc., effected by
virtue of these instruments in favour of Germany.
ARTICLE 126.
Germany undertakes to accept and observe the agreements
made or to be made by the Allied and Associated Powers or some of them with any
other Power with regard to the trade in arms and spirits, and to the matters
dealt with in the General Act of Berlin of February 26,1885, the General Act of
Brussels of July 2, 1890, and the conventions completing or modifying the same.
ARTICLE 127.
The native inhabitants of the former German oversea
possessions shall be entitled to the diplomatic protection of the Governments
exercising authority over those territories.
SECTION II. CHINA.
ARTICLE 128.
Germany renounces in favour of China all benefits and
privileges resulting from the provisions of the final Protocol signed at Peking
on September 7,1901, and from all annexes, notes and documents supplementary
thereto. She likewise renounces in favour of China any claim to indemnities
accruing thereunder subsequent to March 14, 1917.
ARTICLE 129.
From the coming into force of the present Treaty the
High Contracting Parties shall apply, in so far as concerns them respectively:
(1) The Arrangement of August 29,1902, regarding the
new Chinese customs tariff;
(2) The Arrangement of September 27, 1905, regarding
Whang-Poo, and the provisional supplementary Arrangement of April 4, 1912.
China, however, will no longer be bound to grant to
Germany the advantages or privileges which she allowed Germany under these
Arrangements.
[SEE MAP p. 87]
ARTICLE 130.
Subject to the provisions of Section VIE of this Part,
Germany cedes to China all the buildings, wharves and pontoons, barracks, forts,
arms and munitions of war, vessels of all kinds, wireless telegraphy
installations and other public property belonging to the German Government,
which are situated or may be in the German Concessions at Tientsin and Hankow or
elsewhere in Chinese territory.
It is understood, however, that premises used as
diplomatic or consular residences or offices are not included in the above
cession, and, furthermore, that no steps shall be taken by the Chinese
Government to dispose of the German public and private property situated within
the so-called Legation Quarter at Peking without the consent of the Diplomatic
Representatives of the Powers which, on the coming into force of the present
Treaty, remain Parties to the Final Protocol of September 7,1901.
ARTICLE 131.
Germany undertakes to restore to China within twelve
months from the coming into force of the present Treaty all the astronomical
instruments which her troops in 1900-1901 carried away from China, and to defray
all expenses which may be incurred in effecting such restoration, including the
expenses of dismounting, packing, transporting, insurance and installation in
Peking.
ARTICLE 132.
Germany agrees to the abrogation of the leases from the
Chinese Government under which the German Concessions at Hankow and Tientsin are
now held.
China, restored to the full exercise of her sovereign
rights in the above areas, declares her intention of opening them to
international residence and trade. She further declares that the abrogation of
the leases under which these concessions are now held shall not affect the
property rights of nationals of Allied and Associated Powers who are holders of
lots in these concessions.
ARTICLE 133
Germany waives all claims against the Chinese
Government or against any Allied or Associated Government arising out of the
internment of German nationals in China and their repatriation. She equally
renounces all claims arising out of the capture and condemnation of German ships
in China, or the liquidation, sequestration or control of German properties,
rights and interests in that country since August 14, 1917. This provision,
however, shall not affect the rights of the parties interested in the proceeds
of any such liquidation, which shall be governed by the provisions of Part X
(Economic Clauses) of the present Treaty.
ARTICLE 134
Germany renounces in favour of the Government of His
Britannic Majesty the German State property in the British Concession at Shameen
at Canton. She renounces in favour of the French and Chinese Governments
conjointly the property of the German school situated in the French Concession
at Shanghai.
SECTION III.
SIAM.
ARTICLE 135.
Germany recognises that all treaties, conventions and
agreements between her and Siam, and all rights, title and privileges derived
therefrom, including all rights of extraterritorial jurisdiction, terminated as
from July 22,1917.
ARTICLE 136.
All goods and property in Siam belonging to the German
Empire or to any German State, with the exception of premises used as diplomatic
or consular residences or offices, pass ipso facto and without compensation to
the Siamese Government.
The goods, property and private rights of German
nationals in Siam shall be dealt with in accordance with the provisions of Part
X (Economic Clauses) of the present Treaty.
ARTICLE 137
Germany waives all claims against the Siamese
Government on behalf of herself or her nationals arising out of the seizure or
condemnation of German ships, the liquidation of German property, or the
internment of German nationals in Siam. This provision shall not affect the
rights of the parties interested in the proceeds of any such liquidation, which
shall be governed by the provisions of Part X (Economic Clauses) of the present
Treaty.
SECTION IV.
LIBERIA.
ARTICLE 138.
Germany renounces all rights and privileges arising
from the arrangements of 1911 and 1912 regarding Liberia, and particularly the
right to nominate a German Receiver of Customs in Liberia.
She further renounces all claim to participate in any
measures whatsoever which may be adopted for the rehabilitation of Liberia.
ARTICLE 139.
Germany recognises that all treaties and arrangements
between her and Liberia terminated as from August 4,1917.
ARTICLE 140
The property, rights and interests of Germans in
Liberia shall be dealt with in accordance with Part X (Economic Clauses) of the
present Treaty.
SECTION V.
MOROCCO. ARTICLE 141.
Germany renounces all rights, titles and privileges
conferred on her by the General Act of Algeciras of April 7, 1906, and by the
Franco-German Agreements of February 9, 1909, and November 4, 1911. All
treaties, agreements, arrangements and contracts concluded by her with the
Sherifian Empire are regarded as abrogated as from August 3,1914
In no case can Germany take advantage of these
instruments and she undertakes not to intervene in any way in negotiations
relating to Morocco which may take place between France and the other Powers.
ARTICLE 142.
Germany having recognised the French Protectorate in
Morocco, hereby accepts all the consequences of its establishment, and she
renounces the regime of the capitulations therein.
This renunciation shall take effect as from August
3,1914. ARTICLE 143.
The Sherifian Government shall have complete liberty of
action in regulating the status of German nationals in Morocco and the
conditions in which they may establish themselves there.
German protected persons, semsars and "associes
agricoles", shall be considered as having ceased, as from August 3,1914, to
enjoy the privileges attached to their status and shall be subject to the
ordinary law.
ARTICLE 144.
All property and possessions in the Sherifian Empire of
the German Empire and the German States pass to the Maghzen without payment.
For this purpose, the property and possessions of the
German Empire and States shall be deemed to include all the property of the
Crown, the Empire or the States, and the private property of the former German
Emperor and other Royal personages.
All movable and immovable property in the Sherifian
Empire belonging to German nationals shall be dealt with in accordance with
Sections HI and IV of Part X (Economic Clauses) of the present Treaty.
Mining rights which may be recognised as belonging to
German nationals by the Court of Arbitration set up under the Moroccan Mining
Regulations shall form the subject of a valuation, which the arbitrators shall
be requested to make, and these rights shall then be treated in the same way as
property in Morocco belonging to German nationals.
ARTICLE 145.
The German Government shall ensure the transfer to a
person nominated by the French Government of the shares representing Germany's
portion of the capital of the State Bank of Morocco. The value of these shares,
as assessed by the Reparation Commission, shall be paid to the Reparation
Commission for the credit of Germany on account of the sums due for reparation.
The German Government shall be responsible for indemnifying its nationals so
dispossessed.
This transfer will take place without prejudice to the
repayment of debts which German nationals may have contracted towards the State
Bank of Morocco.
ARTICLE 146.
Moroccan goods entering Germany shall enjoy the
treatment accorded to French goods
SECTION VI.
EGYPT.
ARTICLE 147.
Germany declares that she recognises the Protectorate
proclaimed over Egypt by Great Britain on December 18,1914, and that she
renounces the regime of the Capitulations in Egypt.
This renunciation
shall take effect as from August 4,1914.
ARTICLE 148
All treaties, agreements, arrangements and contracts
concluded by Germany with Egypt are regarded as abrogated as from August 4,1914.
In no case can Germany avail herself of these
instruments and she undertakes not to intervene in any way in negotiations
relating to Egypt which may take place between Great Britain and the other
Powers.
ARTICLE 149.
Until an Egyptian law of judicial organization
establishing courts with universal jurisdiction comes into force, provision
shall be made, by means of decrees issued by His Highness the Sultan, for the
exercise of jurisdiction over German nationals and property by the British
Consular Tribunals.
ARTICLE 150
The Egyptian Government shall have complete liberty of
action in regulating the status of German nationals and the conditions under
which they may establish themselves in Egypt.
ARTICLE 151.
Germany consents to the abrogation of the decree issued
by His Highness the Khedive on November 28,1914, relating to the Commission of
the Egyptian Public Debt, or to such changes as the Egyptian Government may
think it desirable to make therein.
ARTICLE 152.
Germany consents, in so far as she is concerned, to the
transfer to His Britannic Majesty's Government of the powers conferred on His
Imperial Majesty the Sultan
by the Convention signed at Constantinople on October
29, 1888, relating to the free navigation of the Suez Canal.
She renounces all participation in the Sanitary,
Maritime, and Quarantine Board of Egypt and consents, in so far as she is
concerned, to the transfer to the Egyptian Authorities of the powers of that
Board.
ARTICLE 153.
All property and possessions in Egypt of the German
Empire and the German States pass to the Egyptian Government without payment.
For this purpose, the property and possessions of the
German Empire and States shall be deemed to include all the property of the
Crown, the Empire or the States, and the private property of the former German
Emperor and other Royal personages.
All movable and immovable property in Egypt belonging
to German nationals shall be dealt with in accordance with Sections HI and IV of
Part X (Economic Clauses) of the present Treaty.
ARTICLE 154.
Egyptian goods entering Germany shall enjoy the
treatment accorded to British goods.
SECTION VII
TURKEY AND BULGARIA.
ARTICLE 155.
Germany undertakes to recognise and accept all
arrangements which the Allied and Associated Powers may make with Turkey and
Bulgaria with reference to any rights, interests and privileges whatever which
might be claimed by Germany or her nationals in Turkey and Bulgaria and which
are not dealt with in the provisions of the present Treaty.
SECTION VIII
SHANTUNG.
ARTICLE 156.
Germany renounces, in favour of Japan, all her rights,
title and privileges" particularly those concerning the territory of
Kiaochow, railways, mines and submarine cableswhich she acquired in virtue of
the Treaty concluded by her with China on March 6 1898, and of all other
arrangements relative to the Province of Shantung.
All German rights in the Tsingtao-Tsinanfu Railway,
including its branch lines together with its subsidiary property of all kinds,
stations, shops, fixed and rolling stock, mines, plant and material for the
exploitation of the mines, are and remain acquired by Japan, together with all
rights and privileges attaching thereto.
The German State submarine cables from Tsingtao to
Shanghai and from Tsingtao to Chefoo, with all the rights, privileges and
properties attaching thereto, are similarly acquired by Japan, free and clear of
all charges and encumbrances.
ARTICLE 157.
The movable and immovable property owned by the German
State in the territory of Kiaochow, as well as all the rights which Germany
might claim in consequence of the works or improvements made or of the expenses
incurred by her, directly or indirectly, in connection with this territory, are
and remain acquired by Japan, free and clear of all charges and encumbrances.
ARTICLE 158.
Germany shall hand over to Japan within three months
from the coming into force of the present Treaty the archives, registers, plans,
title-deeds and documents of every kind, wherever they may be, relating to the
administration, whether civil, military, financial, judicial or other, of the
territory of Kiaochow.
Within the same period Germany shall give particulars
to Japan of all treaties, arrangements or agreements relating to the rights,
title or privileges referred to in the two preceding Articles.
PARTE QUINTA
Cláusulas militares, navales y aéreas
Con el fin de hacer posible la iniciación de una limitación general de, armamentos de todas las naciones, Alemania se compromete a observar estrictamente las siguientes cláusulas militares, navales y aéreas:
Sección Primera: Cláusulas militares.
CAPITULO PRIMERO
Efectivos y cuadros del ejército alemán
Artículo 159.
Las fuerzas militares alemanas serán desmovilizadas y reducidas según las condiciones que se insertan a continuación.
ARTICLE 160.
(1) By a date which must not be later than March
31,1920, the German Army must not comprise more than seven divisions of infantry
and three divisions of
cavalry.
Desde ese momento, la totalidad de los
efectivos del ejército que constituyen a Alemania no deberá exceder de 100.000
hombres, incluidos los oficiales y depósitos, y será destinado exclusivamente al
mantenimiento del orden en el territorio y a la policía de las fronteras
The total effective strength of officers, including the
personnel of staffs, whatever their composition, must not exceed four thousand.
(2) Divisions and Army Corps headquarters staffs shall
be organised in accordance with Table No. 1 annexed to this Section.
The number and strengths of the units of infantry,
artillery, engineers, technical services and troops laid down in the aforesaid
Table constitute maxima which must not be exceeded.
The following units may each have their own depot:
An Infantry regiment; A Cavalry regiment; A regiment of
Field Artillery; A battalion of Pioneers.
(3) The divisions must not be grouped under more than
two army corps headquarters staffs.
The maintenance or formation of forces differently
grouped or of other organisations for the command of troops or for preparation
for war is forbidden.
El gran estado mayor general alemán y las organizaciones similares serán disuel tas y no podrán reconstituirse en forma alguna.
The officers, or persons in the position of officers,
in the Ministries of War in the different States in Germany and in the
Administrations attached to them, must not exceed three hundred in number and
are included in the maximum strength of four thousand laid down in the third
sub-paragraph of paragraph (1) of this Article.
ARTICLE 161.
Army administrative services consisting of civilian
personnel not included in the number of effectives prescribed by the present
Treaty will have such personnel reduced in each class to one-tenth of that laid
down in the Budget of 1913.
ARTICLE 162.
The number of employees or officials of the German
States such as customs officers, forest guards and coastguards, shall not exceed
that of the employees or officials functioning in these capacities in 1913.
The number of gendarmes and employees or officials of
the local or municipal police may only be increased to an extent corresponding
to the increase of population since 1913 in the districts or municipalities in
which they are employed.
These employees
and officials may not be assembled for military training.
ARTICLE: 163.
The reduction of the strength of the German military
forces as provided for in Article 160 may be effected gradually in the following
manner:
Within three months from the coming into force of the
present Treaty the total number of effectives must be reduced to 200,000 and the
number of units must not exceed twice the number of those laid down in Article
160.
At the expiration of this period, and at the end of
each subsequent period of three months, a Conference of military experts of the
Principal Allied and Associated Powers will fix the reductions to be made in the
ensuing three months, so that by March 31,1920, at the latest the total number
of German effectives does not exceed the maximum number of 100,000 men laid down
in Article 160. In these successive reductions the same ratio between the number
of officers and of men, and between the various kinds of units, shall be
maintained as is laid down in that Article.
CAPITULO II
Armamento. Municiones. Material
Artículo 164.
Hasta la época en que Alemania sea
admitida como miembro de la Sociedad de Naciones, el ejército alemán no deberá
poseer un armamento superior a las cifras que se fijan en el cuadro número 2,
anejo a la presente Sección, with the exception of an optional increase not
exceeding one-twentyfifth part for small arms and one-fiftieth part for guns,
which shall be exclusively used to provide for such eventual replacements as may
be necessary.
Germany agrees that after she has become a member of
the League of Nations the armaments fixed in the said Table shall remain in
force until they are modified by the Council of the League. Furthermore she
hereby agrees strictly to observe the decisions of the Council of the League on
this subject.
ARTICLE 165.
The maximum number of guns, machine guns,
trench-mortars, rifles and the amount of ammunition and equipment which Germany
is allowed to maintain during the period between the coming into force of the
present Treaty and the date of March 31,1920, referred to in Article 160, shall
bear the same proportion to the amount authorized in Table No. HI annexed to
this Section as the strength of the German Army as reduced from time to time in
accordance with Article 163 bears to the strength permitted under Article 160.
ARTICLE 166
At the date of March 31,1920, the stock of munitions
which the German Army may have at its disposal shall not exceed the amounts
fixed in Table No. HI annexed to this Section.
Within the same period the German Government will store
these stocks at points to be notified to the Governments of the Principal Allied
and Associated Powers. The German Government is forbidden to establish any other
stocks, depots or reserves of munitions.
ARTICLE 167.
The number and calibre of the guns constituting at the
date of the coming into force of the present Treaty the armament of the
fortified works, fortresses, and any land or coast forts which Germany is
allowed to retain must be notified immediately by the German Government to the
Governments of the Principal Allied and Associated Powers, and will constitute
maximum amounts which may not be exceeded.
Within two months from the coming into force of the
present Treaty, the maximum stock of ammunition for these guns will be reduced
to, and maintained at, the following uniform rates: fifteen hundred rounds per
piece for those the calibre of which is 10.5 cm. and under: five hundred rounds
per piece for those of higher calibre.
ARTICLE 168.
The manufacture of arms, munitions, or any war
material, shall only be carried out in factories or works the location of which
shall be communicated to and approved by the Governments of the Principal Allied
and Associated Powers, and the number of which they retain the right to
restrict.
Within three months from the coming into force of the
present Treaty, all other establishments for the manufacture, preparation,
storage or design of arms, munitions, or any war material whatever shall be
closed down. The same applies to all arsenals except those used as depots for
the authorised stocks of munitions. Within the same period the personnel of
these arsenals will be dismissed.
Artículo 169.
Dentro del plazo de dos meses, a partir de
la entrada en vigor del presente Tratado, las armas, las municiones y el
material de guerra alemán, incluso el destinado a la defensa contra aeronaves,
existentes en Alemania y que excedan de las cantidades autorizadas, deberán ser
entregados a los gobiernos de las principales Potencias aliadas y asociadas para
que sean destruidos o inutilizados. This will also apply to any special plant intended
for the manufacture of military material, except such as may be recognised as
necessary for equipping the authorised strength of the German army.
The surrender in question will be effected at such
points in German territory as may be selected by the said Governments.
Within the same period arms, munitions and war
material, including anti-aircraft material, of origin other than German, in
whatever state they may be, will be delivered to the said Governments, who will
decide as to their disposal.
Arms and munitions which on account of the successive
reductions in the strength of the German army become in excess of the amounts
authorised by Tables n and HI annexed to this Section must be handed over in the
manner laid down above within such periods as may be decided by the Conferences
referred to in Article 163.
Artículo 170.
Estará estrictamente prohibida la importación en Alemania de armas, municiones y material de guerra, sea cual fuere su naturaleza.
Lo mismo ocurrirá respecto a la fabricación y exportación, con destino a países extranjeros, de armas, municiones y material de guerra, sea cual fuere su naturaleza.
Artículo 171.
Estando vedado el empleo de gases
asfixiantes, tóxicos o similares, así como los líquidos, a materias o
procedimientos análogos.
The same applies to materials specially intended for
the manufacture, storage and use of the said products or devices.
También será igualmente prohibida la fabricación e importación en Alemania de carros blindados, tanques y otros artefactos similares que puedan servir para fines de guerra.
ARTICLE 172.
Within a period of three months from the coming into
force of the present Treaty, the German Government will disclose to the
Governments of the Principal Allied and Associated Powers the nature and mode of
manufacture of all explosives, toxic substances or other like chemical
preparations used by them in the war or prepared by them for the purpose of
being so used.
CAPITULO TERCERO
Reclutamiento e instrucción militar
Artículo 173.
Quedará suprimido en Alemania todo servicio militar universal obligatorio.
El ejército alemán sólo podrá constituirse y reclutarse por medio de enganches voluntarios
ARTICLE 174
The period of enlistment for non-commissioned officers
and privates must be twelve consecutive years.
The number of men discharged for any reason before the
expiration of their term of enlistment must not exceed in any year five per
cent, of the total effectives fixed by the second subparagraph of paragraph (I)
of Article 160 of the present Treaty.
ARTICLE 175.
The officers who are retained in the Army must
undertake the obligation to serve in it up to the age of forty-five years at
least.
Officers newly appointed must undertake to serve on the
active list for twenty-five consecutive years at least.
Officers who have previously belonged to any formations
whatever of the Army, and who are not retained in the units allowed to be
maintained, must not take part in any military exercise whether theoretical or
practical, and will not be under any military obligations whatever.
The number of officers discharged for any reason before
the expiration of their term of service must not exceed in any year five per
cent, of the total effectives of officers provided for in the third
sub-paragraph (I) of Article 160 of the present Treaty.
ARTICLE 176.
On the expiration of two months from the coming into
force of the present Treaty there must only exist in Germany the number of
military schools which is absolutely indispensable for the recruitment of the
officers of the units allowed. These schools will be exclusively intended for
the recruitment of officers of each arm, in the proportion of one school per
arm.
The number of students admitted to attend the courses
of the said schools will be strictly in proportion to the vacancies to be filled
in the cadres of officers.
The students and the cadres will be reckoned in the
effectives fixed by the second and third subparagraphs of paragraph (I) of
Article 160 of the present Treaty.
Consequently, and during the period fixed above, all
military academies or similar institutions in Germany, as well as the different
military schools for officers, student officers (Aspiranten), cadets,
non-commissioned officers or student non-commissioned officers (Aspiranten),
other than the schools above provided for, will be abolished.
ARTICLE 177.
Educational establishments, the universities, societies
of discharged soldiers, shooting or touring clubs and, generally speaking
associations of every description, whatever be the age of their members, must
not occupy themselves with any military matters.
In particular they will be forbidden to instruct or
exercise their members or to allow them to be instructed or exercised, in the
profession or use of arms.
These societies, assocktions, educational
establishments and universities must have no connection with the Ministries of
War or any other military authority.
ARTICLE 178.
All measures of mobilisation or appertaining to
mobilisation are forbidden.
In no case must formations, administrative services or
General Staffs include supplementary cadres.
ARTICLE 179.
Germany agrees, from the coming into force of the
present Treaty, not to accredit nor to send to any foreign country any military,
naval or air mission, nor to allow any such mission to leave her territory, and
Germany further agrees to take appropriate measures to prevent German nationals
from leaving her territory to become enrolled in the Army, Navy or Air service
of any foreign Power, or to be attached to such Army, Navy or Air service for
the purpose of assisting in the military, naval or air training thereof, or
otherwise for the purpose of giving military, naval or air instruction in any
foreign country.
The Allied and Associated Powers agree, so far as they
are concerned, from the coming into force of the present Treaty, not to enroll
in nor to attach to their armies or naval or air forces any German national for
the purpose of assisting in the military training of such armies or naval or air
forces, or otherwise to employ any such German national as military, naval or
aeronautic instructor.
The present provision does not, however, affect the
right of France to recruit for the Foreign Legion in accordance with French
military laws and regulations.
CHAPTER IV.
Fortificaciones
Artículo 180.
Todas las fortalezas y obras fortificadas de campaña, situadas en territorio alemán a occidente de la línea trazada a 50 kilómetros al este del Rhin, serán desarmadas y desmanteladas.
Sección Segunda:
Cláusulas navales
Artículo 181.
Pasados dos
meses desde la entrada en vigor del presente Trata do, las fuerzas de la flota
alemana de guerra no deberán exceder, en buques armados, de: 6 battleships of the Deutschland or Lothringen type, 6
light cruisers, 12 destroyers, 12 torpedo boats, or an equal number of ships
constructed to replace them as provided in Article 190.
En dichas
fuerzas no se deberá comprender ningún barco submarino. All other warships, except where there is provision to
the contrary in the present Treaty, must be placed in reserve or devoted to
commercial purposes.
ARTICLE 182.
Until the completion of the minesweeping prescribed by
Article 193 Germany will keep in commission such number of minesweeping vessels
as may be fixed by the Governments of the Principal Allied and Associated
Powers.
ARTICLE 183.
After the expiration of a period of two months from the
coming into force of the present Treaty, the total personnel of the German Navy,
including the manning of the Deet, coast defences, signal stations,
administration and other land services, must not exceed fifteen thousand,
including officers and men of all grades and corps,
The total strength of officers and warrant officers
must not exceed fifteen hundred.
Within two months from the coming into force of the
present Treaty the personnel in excess of the above strength shall be
demobilised.
No naval or military corps or reserve force in
connection with the Navy may be organised in Germany without being included in
the above strength.
From the date of the coming into force of the present
Treaty all the German surface warships which are not in German ports cease to
belong to Germany, who renounces all rights over them.
Vessels which, in compliance with the Armistice of
November 11,1918, are now interned in the ports of the Allied and Associated
Powers are declared to be finally surrendered.
Vessels which are now interned in neutral ports will be
there surrendered to the Governments of the Principal Allied and Associated
Powers. The German Government must address a notification to that effect to the
neutral Powers on the coming into force of the present Treaty.
ARTICLE 184.
From the date of the coming into force of the present
Treaty, all the German surface warships which are not in German port cease to
belong to Germany, who renounces all rights over them.
Vessels which, in compliance with the Armistice of
November 11,1918, are now interned in the ports of the Allied and Associated
Powers are declared to be finally surrendered.
Vessels which are now interned in neutral ports will be
there surrendered to the Governments of the Principal Allied and Associated
Powers. The German Government must address all notification to that effect to
the neutral Powers on the coming into force of the present Treaty.
ARTICLE 185.
Within a period of two months from the coming into
force of the present Treaty the German surface warships enumerated below will be
surrendered to the Governments of the Principal Allied and Associated Powers in
such Allied ports as the said Powers may direct.
These warships will have been disarmed as provided in
Article XXffl of the Armistice of November 11, 1918. Nevertheless they must have
all their guns on board.
BATTLESHIPS.
Oldenburg. Thuringen. Ostfriesland. Helgoland. Posen.
Westfalen. Rheinland. Nassau.
LIGHT CRUISERS.
Stettin. Danzig. Munchen. Lubeck. Stralsund. Augsburg.
Kolberg. Stuttgart.
and, in addition, forty-two modern destroyers and fifty
modern torpedo boats, as chosen by the Governments of the Principal Allied and
Associated Powers.
ARTICLE 186.
On the coming into force of the present Treaty the
German Government must undertake, under the supervision of the Governments of
the Principal Allied and Associated Powers, the breaking up of all the German
surface warships now under construction.
ARTICLE 187.
The German auxiliary cruisers and fleet auxiliaries
enumerated below will be disarmed and treated as merchant ships.
INTERNED IN NEUTRAL COUNTRIES: Berlin. Santa
Fe. Seydlitz. Yorck.
IN GERMANY:
Ammon. Answald. Bosnia. Cordoba. Cassel. Dania. Rio Negro. Rio Pardo. Santa Cruz. Schwaben.
Solingen. Steigerwald. Franken. Gundomar. Furst Bulow. Gertrud.
Kigoma. Rugia. Santa Elena. Schleswig. Mowe. Sierra Ventana. Chemnitz. Emil Georg von Strauss. Habsburg.
Meteor. Waltraute. Scharnhorst.
ARTICLE 188.
On the expiration of one month from the coming into
force of the present Treaty all German submarines, submarine salvage vessels and
docks for submarines, including the tubular dock, must have been handed over to
the Governments of the Principal Allied and Associated Powers.
Such of these submarines, vessels and docks as are
considered by the said Governments to be fit to proceed under their own power or
to be towed shall be taken by the German Government, into such Allied ports as
have been indicated
The remainder, and also those in course of
construction, shall be broken up entirely by the German Government under the
supervision of the said Governments. The breaking-up must be completed within
three months at the most after the coming into force of the present Treaty.
ARTICLE 189.
Articles, machinery and material arising from the
breaking-up of German warships of all kinds, whether surface vessels or
submarines, may not be used except for purely industrial or commercial purposes.
They may not be sold or disposed of to foreign countries.
Artículo 190.
Queda prohibido a Alemania construir o adquirir otros buques de guerra que los que se destinen a reemplazar a las unidades armadas previstas en el presente Tratado
The warships intended for replacement purposes as above
shall not exceed the following displacement:
Armoured ships 10,000 tons Light cruisers 6,000 tons
Destroyers 800 tons Torpedo boats 200 tons
Except where a ship has been lost, units of the
different classes shall only be replaced at the end of a period of twenty years
in the case of battleships and cruisers, and fifteen years in the case of
destroyers and torpedo boats, counting from the launching of the ship.
ARTICLE 191 .
The construction or acquisition of any submarine, even
for commercial purposes, shall be forbidden in Germany.
ARTICLE 192.
The warships in commission of the German fleet must
have on board or in reserve only the allowance of arms, munitions and war
material fixed by the Principal Allied and Associated Powers. Within a month
from the fixing of the quantities as above, arms, munitions and war material of
all kinds, including mines and torpedoes, now in the hands of the German
Government and in excess of the said quantities, shall be surrendered to the
Governments of the said Powers at places to be indicated by them. Such arms,
munitions and war material will be destroyed or rendered useless.
All other stocks, depots or reserves of arms, munitions
or naval war material of all kinds are forbidden.
The manufacture of these articles in German territory
for, and their export to, foreign countries shall be forbidden.
ARTICLE 193.
On the coming into force of the present Treaty Germany
will forthwith sweep up the mines in the following areas in the North Sea to the
eastward of longitude 4° 00', E. of Greenwich:
(1) Between parallels of latitude 53° 00', N. and 59°
00', N.; (2) To the northward of latitude 60° 30' N.
Germany must keep these areas free from mines.
Germany must also sweep and keep free from mines such
areas in the Baltic as may ultimately be notified by the Governments of the
Principal Allied and Associated Powers.
ARTICLE 194.
The personnel of the German Navy shall be recruited
entirely by voluntary engagements entered into for a minimum period of
twenty-five consecutive years for officers and warrant officers; twelve
consecutive years for petty officers and men.
The number engaged to replace those discharged for any
reason before the expiration of their term of service must not exceed five per
cent, per annum of the totals laid down in this Section (Article 183).
The personnel discharged from the Navy must not receive
any kind of naval or military training or undertake any further service in the
Navy or Army.
Officers belonging to the Germany Navy and not
demobilised must engage to serve till the age of forty-five, unless discharged
for sufficient reasons.
80
No officer or man of the German mercantile marine shall
receive any training in
the Navy.
ARTICLE 195.
In order to ensure free passage into the Baltic to all
nations, Germany shall not erect any fortifications in the area comprised
between latitudes 55° 27' N. and 54° 00' N. and longitudes 9°EOO' E. and 16°EOO'
E. of the meridian of Greenwich, nor install any guns commanding the maritime
routes between the North Sea and the Baltic. The fortifications now existing in
this area shall be demolished and the guns removed under the supervisions of the
Allied Governments and in periods to be fixed by them.
The German Government shall place at the disposal of
the Governments of the Principal Allied and Associated Powers all information
now in its possession concerning the channels and adjoining waters between the
Baltic and the North Sea.
ARTICLE 196.
All fortified works and fortifications, other than
those mentioned in Section Xin (Heligoland) of Part in (Political Clauses for
Europe) and in Article 195, now established within fifty kilometres of the
German coast or on German islands off that coast shall be considered as of a
defensive nature and may remain in their existing condition.
No new fortifications shall be constructed within these
limits. The armament of these defences shall not exceed, as regards the number
and calibre of guns, those in position at the date of the coming into force of
the present Treaty. The German Government shall communicate forthwith
particulars thereof to all the European Governments.
On the expiration of a period of two months from the
coming into force of the present Treaty the stocks of ammunition for these guns
shall be reduced to and maintained at a maximum figure of fifteen hundred rounds
per piece for calibres of 4.1-inch and under, and five hundred rounds per piece
for higher calibres.
ARTICLE 197.
During the three months following the coming into force
of the present Treaty the German high-power wireless telegraphy stations at
Nauen, Hanover and Berlin shall not be used for the transmission of messages
concerning naval, military or political questions of interest to Germany or any
State which has been allied to Germany in the war, without the assent of the
Governments of the Principal Allied and Associated Powers. These stations may be
used for commercial purposes, but only under the supervision of the said
Governments, who will decide the wavelength to be used.
During the same period Germany shall not build any more
high-power wireless telegraphy stations in her own territory or that of Austria,
Hungary, Bulgaria or Turkey.
SECTION III.
Sección Tercera:
Cláusulas referentes a la aeronáutica militar y naval.
Artículo 198.
Las fuerzas
militares de Alemania no pueden tener aviación militar y naval.
Germany may, during a period not extending beyond
October 1, 1919, maintain a maximum number of one hundred seaplanes or flying
boats, which shall be exclusively employed in searching for submarine mines,
shall be furnished with the necessary equipment for this purpose, and shall in
no case carry arms, munitions or bombs of any nature whatever.
In addition to the engines installed in the seaplanes
or flying boats above mentioned, one spare engine may be provided for each
engine of each of these craft.
No dirigible
shall be kept.
ARTICLE 199.
Within two months from the coming into force of the
present Treaty the personnel of air forces on the rolls of the German land and
sea forces shall be demobilised. Up to October 1, 1919, however, Germany may
keep and maintain a total number of one thousand men, including officers, for
the whole of the cadres and personnel, flying and non-flying, of all formations
and establishments.
ARTICLE 200.
Until the complete evacuation of German territory by
the Allied and Associated troops, the aircraft of the Allied and Associated
Powers shall enjoy in Germany freedom of passage through the air, freedom of
transit and of landing.
ARTICLE 201.
During the six months following the coming into force
of the present Treaty, the manufacture and importation of aircraft, parts of
aircraft, engines for aircraft, and parts of engines for aircraft, shall be
forbidden in all German territory.
ARTICLE 202.
On the coming into force of the present Treaty, all
military and naval aeronautical material, except the machines mentioned in the
second and third paragraphs
of Article 198, must be delivered to the Governments of the Principal Allied and
Associated Powers.
Delivery must be effected at such places as the said
Governments may select, and must be completed within three months.
In particular, this material will include all items
under the following heads which are or have been in use or were designed for
warlike purposes:
Complete aeroplanes and seaplanes, as well as those
being manufactured, repaired or assembled.
Dirigibles able to take the air, being manufactured,
repaired or assembled.
Plant for the manufacture of hydrogen.
Dirigible sheds and shelters of every kind for
aircraft.
Pending their delivery, dirigibles will, at the expense
of Germany, be maintained inflated with hydrogen; the plant for the manufacture
of hydrogen, as well as the sheds for dirigibles may at the discretion of the
said Powers, be left to Germany until the time when the dirigibles are handed
over.
Engines for aircraft. Nacelles and fuselages.
Armament (guns, machine guns, light machine guns,
bombdropping apparatus, torpedo-dropping apparatus, synchronisation apparatus,
aiming apparatus).
Munitions (cartridges, shells, bombs loaded or
unloaded, stocks of explosives or of material for their manufacture).
Instruments for use on aircraft.
Wireless apparatus and photographic or cinematograph
apparatus for use on aircraft.
Component parts of any of the items under the preceding
heads.
The material referred to above shall not be removed
without special permission from the said Governments.
SECTION IV.
INTER-ALLIED COMMISSIONS OF CONTROL.
ARTICLE 203.
All the military, naval and air clauses contained in
the present Treaty, for the execution of which a time-limit is prescribed, shall
be executed by Germany under the control of Inter-Allied Commissions specially
appointed for this purpose by the Principal Allied and Associated Powers.
ARTICLE 204.
The Inter-Allied Commissions of Control will be
specially charged with the duty of seeing to the complete execution of the
delivery, destruction, demolition and rendering things useless to be carried out
at the expense of the German Government in accordance with the present Treaty.
They will communicate to the German authorities the
decisions which the Principal Allied and Associated Powers have reserved the
right to take, or which the execution of the military, naval and air clauses may
necessitate.
ARTICLE 205.
The Inter-Allied Commissions of Control may establish
their organisations at the seat of the central German Government.
They shall be entitled as often as they think desirable
to proceed to any point whatever in German territory, or to send subcommissions,
or to authorise one or more of their members to go, to any such point.
ARTICLE 206.
The German Government must give all necessary
facilities for the accomplishment of their missions to the Inter-Allied
Commissions of Control and to their members.
It shall attach a qualified representative to each
Inter-Allied Commission of Control for the purpose of receiving the
communications which the Commission may have to address to the German Government
and of supplying or procuring for the Commission all information or documents
which may be required.
The German Government must in all cases furnish at its
own cost all labour and material required to effect the deliveries and the works
of destruction, dismantling, demolition, and of rendering things useless,
provided for in the present Treaty.
ARTICLE 207.
The upkeep and cost of the Commissions of Control and
the expenses involved by their work shall be borne by Germany.
ARTICLE 208.
The Military Inter-Allied Commission of Control will
represent the Governments of the Principal Allied and Associated Powers in
dealing with the German Government in all matters concerning the execution of
the military clauses.
In particular it will be its duty to receive from the
German Government the notifications relating to the location of the stocks and
depots of munitions, the armament of the fortified works, fortresses and forts
which Germany is allowed to retain, and the location of the works or factories
for the production of arms, munitions and war material and their operations.
It will take delivery of the arms, munitions and war
material, will select the points where such delivery is to be effected, and will
supervise the works of destruction, demolition, and of rendering things useless,
which are to be carried out in accordance with the present Treaty.
The German Government must furnish to the Military
Inter-Allied Commission of Control all such information and documents as the
latter may deem necessary to ensure the complete execution of the military
clauses, and in particular all legislative and administrative documents and
regulations.
ARTICLE 209.
The Naval Inter-Allied Commission of Control will
represent the Governments of the Principal Allied and Associated Powers in
dealing with the German Government in all matters concerning the execution of
the naval clauses.
In particular it will be its duty to proceed to the
building yards and to supervise the breaking-up of the ships which are under
construction there, to take delivery of all surface ships or submarines, salvage
ships, docks and the tubular docks, and to supervise the destruction and
breaking-up provided for.
The German Government must furnish to the Naval
Inter-Allied Commission of Control all such information and documents as the
Commission may deem necessary to ensure the complete execution of the naval
clauses, in particular the designs of the warships, the composition of their
armaments, the details and models of the guns, munitions, torpedoes, mines,
explosives, wireless telegraphic apparatus and, in general, everything relating
to naval war material, as well as all legislative or administrative documents or
regulations.
ARTICLE 210.
The Aeronautical Inter-Allied Commission of Control
will represent the Governments of the Principal Allied and Associated Powers in
dealing with the German Government in all matters concerning the execution of
the air clauses.
In particular it will be its duty to make an inventory
of the aeronautical material existing in German territory, to inspect aeroplane,
balloon and motor manufactories, and factories producing arms, munitions and
explosives capable of being used by aircraft, to visit all aerodromes, sheds,
landing grounds, parks
and depots, to authorise, where necessary, a
removal of material and to take delivery of such material.
The German Government must furnish to the Aeronautical
Inter-Allied Commission of Control all such information and legislative,
administrative or other documents which the Commission may consider necessary to
ensure the complete execution of the air clauses, and in particular a list of
the personnel belonging to all the German Air Services, and of the existing
material, as well as of that in process of manufacture or on order, and a list
of all establishments working for aviation, of their positions, and of all sheds
and landing grounds.
SECTION V.
GENERAL ARTICLES.
ARTICLE 211.
After the expiration of a period of three months from
the coming into force of the present Treaty, the German laws must have been
modified and shall be maintained by the German Government in conformity with
this Part of the present Treaty.
Within the same period all the administrative or other
measures relating to the execution of this Part of the Treaty must have been
taken.
ARTICLE 212.
The following portions of the Armistice of November
11,1918 Article VI, the first two and the sixth and seventh paragraphs of
Article VII; Article IX; Clauses I, H and V of Annex n° 2, and the Protocol,
dated April 4,1919, supplementing the Armistice of November 11,1918, remain in
force so far as they are not inconsistent with the above stipulations.
ARTICLE 213.
So long as the present Treaty remains in force, Germany
undertakes to give every facility for any investigation which the Council of the
League of Nations, acting if need be by a majority vote, may consider necessary.
PART VI.
PRISONERS OF WAR AND GRAVES.
SECTION I.
PRISONERS OF WAR.
ARTICLE 214.
The repatriation of prisoners of war and interned
civilians shall take place as soon as possible after the coming into force of
the present Treaty and shall be carried out with the greatest rapidity.
ARTICLE 215.
The repatriation of German prisoners of war and
interned civilians shall, in accordance with Article 214, be carried out by a
Commission composed of representatives of the Allied and Associated Powers on
the one part and of the German Government on the other part.
For each of the Allied and Associated Powers a
Sub-Commission, composed exclusively of Representatives of the interested Power
and of Delegates of the German Government, shall regulate the details of
carrying into effect the repatriation of the prisoners of war.
ARTICLE 216.
From the time of their delivery into the hands of the
German authorities the prisoners of war and interned civilians are to be
returned without delay to their homes by the said authorities.
Those amongst them who before the war were habitually
resident in territory occupied by the troops of the Allied and Associated Powers
are likewise to be sent to their homes, subject to the consent and control of
the military authorities of the Allied and Associated armies of occupation.
ARTICLE 217.
The whole cost of repatriation from the moment of
starting shall be borne by the German Government who shall also provide the land
and sea transport and staff considered necessary by the Commission referred to
in Article 215.
ARTICLE 218.
Prisoners of war and interned civilians awaiting
disposal or undergoing sentence for offences against discipline shall be
repatriated irrespective of the completion of their sentence or of the
proceedings pending against them.
This stipulation shall not apply to prisoners of war
and interned civilians punished for offences committed subsequent to May 1,
1919.
During the period pending their repatriation all
prisoners of war and interned civilians shall remain subject to the existing
regulations, more especially as regards work and discipline.
ARTICLE 219.
Prisoners of war and interned civilians who are
awaiting disposal or undergoing sentence for offences other than those against
discipline may be detained.
ARTICLE 220.
The German Government undertakes to admit to its
territory without distinction all persons liable to repatriation.
Prisoners of war or other German nationals who do not
desire to be repatriated may be excluded from repatriation; but the Allied and
Associated Governments reserve to themselves the right either to repatriate them
or to take them to a neutral country or to allow them to reside in their own
territories.
The German Government undertakes not to institute any
exceptional proceedings against these persons or their families nor to take any
repressive or vexatious measures of any kind whatsoever against them on this
account.
ARTICLE 221.
The Allied and Associated Governments reserve the right
to make the repatriation of German prisoners of war or German nationals in their
hands conditional upon the immediate notification and release by the German
Government of any prisoners of war who are nationals of the Allied and
Associated Powers and may still be in Germany.
ARTICLE 222.
Germany undertakes:
(1) To give every facility to Commissions to enquire
into the cases of those who cannot be traced; to furnish such Commissions with
all necessary means of transport; to allow them access to camps, prisons,
hospitals and all other places; and to place at their disposal all documents,
whether public or private, which would facilitate their enquiries;
(2) To impose penalties upon any German officials or
private persons who have concealed the presence of any nationals of any of the
Allied and Associated Powers or have neglected to reveal the presence of any
such after it had come to their knowledge.
ARTICLE 223.
Germany undertakes to restore without delay from the
date of the coming into force of the present Treaty all articles, money,
securities and documents which have belonged to nationals of the Allied and
Associated Powers and which have been retained by the German authorities.
ARTICLE 224.
The High Contracting Parties waive reciprocally all
repayment of sums due for the maintenance of prisoners of war in their
respective territories.
SECTION II.
GRAVES.
ARTICLE 225.
The Allied and Associated Governments and the German
Government will cause to be respected and maintained the graves of the soldiers
and sailors buried in their respective territories.
They agree to recognise any Commission appointed by an
Allied or Associated Government for the purpose of identifying, registering,
caring for or erecting suitable memorials over the said graves and to facilitate
the discharge of its duties.
Furthermore they agree to afford, so far as the
provisions of their laws and the requirements of public health allow, every
facility for giving effect to requests that the bodies of their soldiers and
sailors may be transferred to their own country.
ARTICLE 226.
The graves of prisoners of war and interned civilians
who are nationals of the different belligerent States and have died in captivity
shall be properly maintained in accordance with Article 225 of the present
Treaty.
The Allied and Associated Governments on the one part
and the German Government on the other part reciprocally undertake also to
furnish to each other:
(1) A complete list of those who have died, together
with all information useful for identification;
(2) All information as to the number and position of
the graves of all those who have been buried without identification.
PART VII.
Sanciones
Artículo 227.
Las Potencias aliadas y asociadas acusan públicamente a Guillermo II de Hohenzollern, ex-Emperador de Alemania, por la ofensa suprema contra la moral internacional de la santidad de los Tratados.
Artículo 228.
El gobierno
alemán reconoce a las Potencias aliadas y asociadas el derecho de llevar ante
sus tribunales militares a los acusados de haber cometido actos contrarios a las
leyes y a las costumbres de la guerra. Such persons shall, if found guilty, be sentenced to
punishments laid down by law. This provision will apply notwithstanding any
proceedings or prosecution before a tribunal in Germany or in the territory of
her allies.
The German Government shall hand over to the Allied and
Associated Powers, or to such one of them as shall so request, all persons
accused of having committed an act in violation of the laws and customs of war,
who are specified either by name or by the rank, office or employment which they
held under the German authorities.
ARTICLE 229.
Persons guilty of criminal acts against the nationals
of one of the Allied and Associated Powers will be brought before the military
tribunals of that Power.
Persons guilty of criminal acts against the nationals
of more than one of the Allied and Associated Powers will be brought before
military tribunals composed of members of the military tribunals of the Powers
concerned.
In every case the accused will be entitled to name his
own counsel. ARTICLE 230.
The German Government undertakes to furnish all
documents and information of every kind, the production of which may be
considered necessary to ensure the full knowledge of the incriminating acts, the
discovery of offenders and the just appreciation of responsibility.
SECTION 1.
Reparaciones
Sección Primera: Disposiciones generales
Artículo 231.
Los gobiernos aliados y asociados declaran, y Alemania reconoce, que Alemania y sus aliados son responsables, por haberlos causado, de todos los daños y pérdidas infligidos a los gobiernos aliados y asociados y sus súbditos a con secuencia de la guerra que les fue impuesta por la agresión de Alemania y sus aliados.
Artículo 232.
Los gobiernos aliados y asociados reconocen que los recursos de Alemania no son suficientes —teniendo en cuenta la disminución permanente de los mismos, que resulta de las demás disposiciones del presente Tratado— para asegurar la reparación completa de todos los expresados daños y pérdidas.
Los gobiernos aliados y asociados exigen,
sin embargo, y Alemania se compromete a ello, que sean reparados todos los daños
causados a la población civil de cada una de las Potencias aliadas y asociadas,
o a sus bienes, mientras cada una haya sido beligerante con Alemania, en virtud
de dicha agresión por tierra, por mar y por los aires, y, en general todos los
daños.
The Allied and Associated Governments, however,
require, and Germany undertakes, that she will make compensation for all damage
done to the civilian population of the Allied and Associated Powers and to their
property during the period of the belligerency of each as an Allied or
Associated Power against Germany by such aggression by land, by sea and from the
air, and in general all damage as defined in Annex 1 hereto.
In accordance with Germany's pledges, already given, as
to complete restoration for Belgium, Germany undertakes, in addition to the
compensation for damage elsewhere in this Part provided for, as a consequence of
the violation of the Treaty of 1839, to make reimbursement of all sums which
Belgium has borrowed from the Allied and Associated Governments up to November
11,1918, together with interest at the rate of five per cent (5%) per annum on
such sums. This amount shall be determined by the Reparation Commission, and the
German Government undertakes thereupon forthwith to make a special issue of
bearer bonds to an equivalent amount payable in marks gold, on May 1,1926, or,
at the option of the German Government, on the 1st of May in any year up to
1926. Subject to the foregoing, the form of such bonds shall be determined by
the Reparation Commission. Such bonds shall be handed over to the Reparation
Commission, which has authority to take and acknowledge receipt thereof on
behalf of Belgium.
Artículo 233.
El importe de dichos daños, cuya
reparación corresponde a Alemania, será fijado por una Comisión interaliada, que
llevará el nombre de Comisión de Reparaciones and constituted in the form and with the powers set
forth hereunder and in Annexes n to YE inclusive hereto.
This Commission shall consider the claims and give to
the German Government a just opportunity to be heard.
The findings of the Commission as to the amount of
damage defined as above shall be concluded and notified to the German Government
on or before May 1,1921, as representing the extent of that Government's
obligations.,
The Commission shall concurrently draw up a schedule of
payments prescribing the time and manner for securing and discharging the entire
obligation within a period of thirty years from May 1,1921. If, however, within
the period mentioned, Germany fails to discharge her obligations, any balance
remaining unpaid may, within the discretion of the Commission, be postponed for
settlement in subsequent years, or may be handled otherwise in such manner as
the Allied and Associated Governments, acting in accordance with the procedure
laid down in this Part of the present Treaty, shall determine.
ARTICLE 234.
The Reparation Commission shall after May 1 ,1921, from
time to time, consider the resources and capacity of Germany, and, after giving
her representatives a just opportunity to be heard, shall have discretion to
extend the date, and to modify the form of payments, such as are to be provided
for in accordance with Article 233; but not to cancel any part, except with the
specific authority of the several Governments represented upon the Commission.
ARTICLE 235.
In order to enable the Allied and Associated Powers to
proceed at once to the restoration of their industrial and economic life,
pending the full determination of their claims, Germany shall pay in such
installments and in such manner (whether in gold, commodities, ships, securities
or otherwise) as the Reparation Commission may fix, during 1919, 1920 and the
first four months Of 1921, the equivalent of 20,000,000,000 gold marks. Out of
this sum the expenses of the armies of occupation subsequent to the Armistice of
November 11, 1918, shall first be met, and such supplies of food and raw
materials as may be judged by the Governments of the Principal Allied and
Associated Powers to be essential to enable Germany to meet her obligations for
reparation may also, with the approval of the said Governments, be paid for out
of the above sum. The balance shall be reckoned towards liquidation of the
amounts due for reparation. Germany shall further deposit bonds as prescribed in
paragraph 12 (c) Of Annex n hereto.
ARTICLE 236.
Germany further agrees to the direct application of her
economic resources to reparation as specified in Annexes, ffl, IV, V, and VI,
relating respectively to merchant shipping, to physical restoration, to coal and
derivatives of coal, and to dyestuffs and other chemical products; provided
always that the value of the property transferred and any services rendered by
her under these Annexes, assessed in the manner therein prescribed shall be credited to her
towards liquidation of her obligations under the above Articles.
ARTICLE 237.
The successive installments, including the above sum,
paid over by Germany in satisfaction of the above claims will be divided by the
Allied and Associated Governments in proportions which have been determined upon
by them in advance on a basis of general equity and of the rights of each.
For the purposes of this division the value of property
transferred and services rendered under Article 243, and under Annexes in, IV,
V, VI, and VH, shall be reckoned in the same manner as cash payments effected in
that year.
ARTICLE 238.
In addition to the payments mentioned above Germany
shall effect, in accordance with the procedure laid down by the Reparation
Commission, restitution in cash of cash taken away, seized or sequestrated, and
also restitution of animals, objects of every nature and securities taken away,
seized or sequestrated, in the cases in which it proves possible to identify
them in territory belonging to Germany or her allies.
Until this procedure is laid down, restitution will
continue in accordance with the provisions of the Armistice of November 11,1918,
and its renewals and the Protocols thereto.
ARTICLE 239.
The German Government undertakes to make forthwith the
restitution contemplated by Article 238 and to make the payments and deliveries
contemplated by Articles 233, 234, 235 and 236.
ARTICLE 240.
The German Government recognises the Commission
provided for by Article 233 as the same may be constituted by the Allied and
Associated Governments in accordance with Annex n, and agrees irrevocably to the
possession and exercise by such Commission of the power and authority given to
it under the present Treaty.
The German Government will supply to the Commission all
the information which the Commission may require relative to the financial
situation and operations and to the property, productive capacity, and stocks
and current production of raw materials and manufactured articles of Germany and
her nationals, and further any information relative to military operations which
in the judgment of the Commission may be necessary for the assessment of
Germany's liability for reparation as defined in Annex I.
The German Government will accord to the members of the
Commission and its authorised agents the same rights and immunities as are
enjoyed in Germany by duly accredited diplomatic agents of friendly Powers.
Germany further agrees to provide for the salaries and
expenses of the Commission and of such staff as it may employ.
ARTICLE 241.
Germany undertakes to pass, issue and maintain in force
any legislation, orders and decrees that may be necessary to give complete
effect to these provisions.
ARTICLE 242.
The provisions of this Part of the present Treaty do
not apply to the property, rights and interests referred to in Sections HI and
IV of Part X (Economic Clauses) of the present Treaty, nor to the product of
their liquidation, except so far as concerns any final balance in favour of
Germany under Article 243 (a).
ARTICLE 243
The following shall be reckoned as credits to Germany
in respect of her reparation obligations:
(a) Any final balance in favour of Germany under
Section V (Alsace-Lorraine) of Part HI (Political Clauses for Europe) and
Sections in and IV of Part X (Economic Clauses) of the present Treaty;
(b) Amounts due to Germany in respect of transfers
under Section IV (Saar Basin) of Part HI (Political Clauses for Europe), Part IX
Financial Clauses), and Part XII (Ports, Waterways and Railways);
(c) Amounts which in the judgment of the Reparation
Commission should be credited to Germany on account of any other transfers under
the present Treaty of property, rights, concessions or other interests.
In no case, however, shall credit be given for property
restored in accordance with Article 238 of the present Part.
ARTICLE 244
The transfer of the German submarine cables which do
not form the subject of particular provisions of the present Treaty is regulated
by Annex VII hereto.
ANNEX I.
Compensation may be claimed from Germany under Article
232 above in respect of the total damage under the following categories:
(1) Damage to injured persons and to surviving
dependents by personal injury to or death of civilians caused by acts of war,
including bombardments or other attacks on land, on sea, or from the air, and
all the direct consequences thereof, and of all operations of war by the two
groups of belligerents wherever arising.
(2) Damage caused by Germany or her allies to civilian
victims of acts of cruelty, violence or maltreatment (including injuries to life
or health as a consequence of imprisonment, deportation, internment or
evacuation, of exposure at sea or of being forced to labour), wherever arising,
and to the surviving dependents of such victims.
(3) Damage caused by Germany or her allies in their own
territory or in occupied or invaded territory to civilian victims of all acts
injurious to health or
capacity to work, or to honour, as well as to the
surviving dependents of such victims.
(4) Damage caused by any kind of maltreatment of
prisoners of war.
(5) As damage caused to the peoples of the Allied and
Associated Powers, all pensions and compensation in the nature of pensions to
naval and military victims of war (including members of the air force), whether
mutilated, wounded, sick or invalided, and to the dependents of such victims,
the amount due to the Allied and Associated Governments being calculated for
each of them as being the capitalised cost of such pensions and compensation at
the date of the coming into force of the present Treaty on the basis of the
scales in force in France at such date.
(6) The cost of assistance by the Government of the
Allied and Associated Powers to prisoners of war and to their families and
dependents.
(7) Allowances by the Governments of the Allied and
Associated Powers to the families and dependents of mobilised persons or persons
serving with the forces, the amount due to them for each calendar year in which
hostilities occurred being calculated for each Government on the basis of the
average scale for such payments in force in France during that year.
(8) Damage caused to civilians by being forced by
Germany or her allies to labour without just remuneration.
(9) Damage in respect of all property wherever situated
belonging to any of the Allied or Associated States or their nationals, with the
exception of naval and military works or materials, which has been carried off,
seized, injured or destroyed by the acts of Germany or her allies on land, on
sea or from the air, or damage directly in consequence of hostilities or of any
operations of war.
(10) Damage in the form of levies, fines and other
similar exactions imposed by Germany or her allies upon the civilian population.
ANNEXE II.
1.
The Commission referred to in Article 233 shall be
called "The Reparation Commission" and is hereinafter referred to as
"the Commission".
2.
Delegates to this Commission shall be nominated by the
United States of America, Great Britain, France, Italy, Japan, Belgium and the
Serb-Croat-Slovene State. Each of these Powers will appoint one Delegate and
also one Assistant Delegate, who will take his place in case of illness or
necessary absence, but at other times will only have the right to be present at
proceedings without taking any part therein.
On no occasion shall the Delegates of more than five of
the above Powers have the right to take part in the proceedings of the
Commission and to record their votes. The Delegates of the United States, Great
Britain, France and Italy shall have this right on all occasions. The Delegate
of Belgium shall have this right on all occasions other than those referred to
below. The Delegate of Japan shall have this right on occasions when questions
relating to damage at sea, and questions arising under Article 200 of Part IX
(Financial Clauses) in which Japanese interests are concerned, are under
consideration. The Delegate of the Serb-Croat-Slovene State shall have this
right when questions relating to Austria, Hungary or Bulgaria are under
consideration.
Each Government represented on the Commission shall
have the right to withdraw therefrom upon twelve months, notice filed with the
Commission and confirmed in the course of the sixth month after the date of the
original notice.
3.
Such of the other Allied and Associated Powers as may
be interested shall have the right to appoint a Delegate to be present and act
as Assessor only while their respective claims and interests are under
examination or discussion, but without the right to vote.
4.
In case of the death, resignation or recall of any
Delegate, Assistant Delegate or Assessor, a successor to him shall be nominated
as soon as possible.
5.
The Commission will have its principal permanent Bureau
in Paris and will hold its first meeting in Paris as soon as practicable after
the coming into force of the present Treaty, and thereafter will meet in such
place or places and at such time as it may deem convenient and as may be necessary for the most
expeditious discharge of its duties.
6.
At its first meeting the Commission shall elect, from
among the Delegates referred to above, a Chairman and a Vice-Chairman, who shall
hold office for one year and shall be eligible for re-election. If a vacancy in
the Chairmanship or Vice-Chairmanship should occur during the annual period, the
Commission shall proceed to a new election for the remainder of the said period.
7.
The Commission is authorised to appoint all necessary
officers, agents and employees who may be required for the execution of its
functions, and to fix their remuneration; to constitute committees, whose
members need not necessarily be members of the Commission, and to take all
executive steps necessary for the purpose of discharging its duties; and to
delegate authority and discretion to officers, agents and committees.
8.
All proceedings of the Commission shall be private,
unless, on particular occasions, the Con mission shall otherwise determine for
special reasons.
The Commission shall be required, if the German
Government so desire, to hear, within a period which it will fix from time to
time, evidence and arguments on the part of Germany on any question connected
with her capacity to pay.
10.
The Commission shall consider the claims and give to
the German Government a just opportunity to be heard, but not to take any part
whatever in the decisions of the Commission The Commission shall afford a
similar opportunity to the allies of Germany, when it shall consider that their
interests are in question
11.
The Commission shall not be bound by any particular
code or rules of law or by any particular rule of evidence or of procedure, but
shall be guided by justice, equity and good faith. Its decisions must follow the
same principles and rules in all cases where they are applicable. It will
establish rules relating to methods of proof of claims. It may act on any
trustworthy modes of computation.
12.
The Commission shall have all the powers conferred upon
it, and shall exercise all the functions assigned to it, by the present Treaty.
The Commission shall in general have wide latitude as
to its control and handling of the whole reparation problem as dealt with in
this Part of the present Treaty and shall have authority to interpret its
provisions. Subject to the provisions of the present Treaty, the Commission is
constituted by the several Allied and Associated Governments referred to in
paragraphs 2 and 3 above as the exclusive agency of the said Governments
respectively for receiving, selling, holding, and distributing the reparation
payments to be made by Germany under this Part of the present Treaty. The
Commission must comply with the following conditions and provisions:
(a) Whatever part of the full amount of the proved
claims is not paid in gold, or in ships, securities and commodities or
otherwise, Germany shall be required, under such conditions as the Commission
may determine, to cover by way of guarantee by an equivalent issue of bonds,
obligations or otherwise, in order to constitute an acknowledgment of the said
part of the debt.
(b) In periodically estimating Germany's capacity to
pay, the Commission shall examine the German system of taxation, first, to the
end that the sums for reparation which Germany is required to pay shall become a
charge upon all her revenues prior to that for the service or discharge of any
domestic loan, and secondly, so as to satisfy itself that, in general, the
German scheme of taxation is fully as heavy proportionately as that of any of
the Powers represented on the Commission.
(c) In order to facilitate and continue the immediate
restoration of the economic life of the Allied and Associated countries, the
Commission will as provided in Article 235 take from Germany by way of security
for and acknowledgment of her debt a first installment of gold bearer bonds free
of all taxes and charges of every description established or to be established
by the Government of the German Empire or of the German States, or by any
authority subject to them; these bonds will be delivered on account and in three
portions, the marks gold being payable in conformity with Article 262 of Part IX
(Financial Clauses) of the present Treaty as follows:
(1) To be issued forthwith, 20,000,000,000 Marks gold
bearer bonds, payable not later than May 1, 1921, without interest. There shall
be specially applied
towards the amortisation of these bonds the payments
which Germany is pledged to make in conformity with Article 235, after deduction
of the sums used for the reimbursement of expenses of the armies of occupation
and for payment of foodstuffs and raw materials. Such bonds as have not been
redeemed by May 1, 1921, shall then be exchanged for new bonds of the same type
as those provided for below (paragraph 12, C, (2).
(2) To be issued forthwith, further 40,000,000,000
Marks gold bearer bonds, bearing interest at 2-1/2 per cent, per annum between
1921 and 1926, and thereafter
at 5 per cent, per annum with an additional 1 per cent, for amortisation
beginning in 1926 on the whole amount of the issue.
(3) To be delivered forthwith a covering undertaking in
writing to issue when, but not until, the Commission is satisfied that Germany
can meet such interest and sinking fund obligations, a further installment of
40,000,000,000 Marks gold 5 per cent, bearer bonds, the time and mode of payment
of principal and interest to be determined by the Commission.
The dates for payment of interest, the manner of
applying the amortisation fund, and all other questions relating to the issue,
management and regulation of the bond issue shall be determined by the
Commission from time to time.
Further issues by way of acknowledgment and security
may be required as the Commission subsequently determines from time to time.
(d) In the event of bonds, obligations or other
evidence of indebtedness issued
by Germany by way of security for or acknowledgment of
her reparation debt being disposed of outright, not by way of pledge, to persons
other than the several Governments in whose favour Germany's original reparation
indebtedness was created, an amount of such reparation indebtedness shall be
deemed to be extinguished corresponding to the nominal value of the bonds, etc.,
so disposed of outright, and the obligation of Germany in respect of such bonds
shall be confined to her liabilities to the holders of the bonds, as expressed
upon their face.
(e) The damage for repairing, reconstructing and
rebuilding property in the invaded and devastated districts, including
reinstallation of furniture, machinery and other equipment, will be calculated
according to the cost at the dates when the work is done.
(f) Decisions of the Commission relating to the total
or partial cancellation of
the capital or interest of any verified debt of Germany
must be accompanied by a statement of its reasons.
13.
As to voting, the Commission will observe the following
rules:
When a decision of the Commission is taken, the votes
of all the Delegates entitled to vote, or in the absence of any of them, of
their Assistant Delegates, shall be recorded. Abstention from voting is to be
treated as a vote against the proposal under discussion. Assessors have no vote.
On the following questions unanimity is necessary:
(a) Questions involving the sovereignty of any of the
Allied and Associated Powers, or the cancellation of the whole or any part of
the debt or obligations of Germany;
(b) Questions of determining the amount and conditions
of bonds or other obligations to be issued by the German Government and of
fixing the time and manner for selling, negotiating or distributing such bonds;
(c) Any postponement, total or partial, beyond the end
of 1930, of the payment of installments falling due between May 1,1921, and the
end of 1926 inclusive;
(d) Any postponement, total or partial, of any
installment falling due after 1926 for a period exceeding three years;
(e) Questions of applying in any particular case a
method of measuring damages different from that which has been previously
applied in a similar case;
(f) Questions of the interpretation of the provisions
of this Part of the present Treaty.
All other questions shall be decided by the vote of a
majority.
In case of any difference of opinion among the
Delegates, which cannot be solved by reference to their Governments, upon the
question whether a given case is one which requires a unanimous vote for its
decision or not, such difference shall be referred to the immediate arbitration
of some impartial person to be agreed upon by their Governments, whose award the
Allied and Associated Governments agree to accept.
14.
Decisions of the Commission, in accordance with the
powers conferred upon it, shall forthwith become binding and may be put into
immediate execution without further Proceedings.
15.
The Commission will issue to each of the interested
Powers, in such form as the Commission shall fix:
(1) A certificate stating that it holds for the account
of the said Power bonds
of the issues mentioned above, the said certificate, on
the demand of the Power concerned, being divisible in a number of parts not
exceeding five;
(2) From time to time certificates stating the goods
delivered by Germany on account of her reparation debt which it holds for the
account of the said Power.
The said certificates shall be registered, and upon
notice to the Commission, may be transferred by endorsement.
When bonds are issued for sale or negotiation, and when
goods are delivered by the Commission, certificates to an equivalent value must
be withdrawn.
16.
Interest shall be debited to Germany as from May
1,1921, in respect of her debt as determined by the Commission, after allowing
for sums already covered by cash payments or their equivalent, or by bonds
issued to the Commission, or under Article 243. The rate of interest shall be 5
per cent, unless the Commission shall determine at some future time that
circumstances justify a variation of the rate.
The Commission, in fixing on May 1,1921, the total
amount of the debt of Germany, may take account of interest due on sums arising
out of the reparation of material damage as from November 11,1918, up to May
1,1921.
17.
In case of default by Germany in the performance of any
obligation under this Part of the present Treaty, the Commission will forthwith
give notice of such default to each of the interested Powers and may make such
recommendations as to the action to be taken in consequence of such default as
it may think necessary.
18.
The measures which the Allied and Associated Powers
shall have the right to take, in case of voluntary default by Germany, and which
Germany agrees not to regard as acts of war may include economic and financial
prohibitions and reprisals and in general such other measures as the respective
Governments may determine to be necessary in the circumstances.
19.
Payments required to be made in gold or its equivalent
on account of the proved claims of the Allied and Associated Powers may at any
time be accepted by the Commission in the form of chattels, properties,
commodities, businesses, rights, concessions within or without German territory,
ships, bonds, shares or securities of any kind, or currencies of Germany or
other States, the value of such substitutes for good being fixed at a fair and
just amount by the Commission itself.
20.
The Commission, in fixing or accepting payment in
specified properties or rights, shall have due regard for any legal or equitable
interests of the Allied and Associated Powers or of neutral Powers or of their
nationals therein.
21.
No member of the Commission shall be responsible,
except to the Government appointing him, for any action or omission as such
member. No one of the Allied or Associated Governments assumes any responsibility in respect of any
other Government.
22.
Subject to the provisions of the present Treaty this
Annex may be amended by the unanimous decision of the Governments represented
from time to time upon the Commission.
23
When all the amounts due from Germany and her allies
under the present Treaty or the decisions of the Commission have been discharged
and all sums received, or their equivalents, shall have been distributed to the
Powers interested, the Commission shall be dissolved.
ANNEX III.
1.
Germany recognises the right of the Allied and
Associated Powers to the replacement, ton for ton (gross tonnage) and class for
class, of all merchant ships and fishing boats lost or damaged owing to the war.
Nevertheless, and in spite of the fact that the tonnage
of German shipping at present in existence is much less than that lost by the
Allied and Associated Powers in consequence of the German aggression, the right
thus recognised will be enforced on German ships and boats under the following
conditions:
The German Government, on behalf of themselves and so
as to bind all other persons interested, cede to the Allied and Associated
Governments the property in all the German merchant ships which are of 1,600
tons gross and upwards; in one-half, reckoned in tonnage, of the ships which are
between 1,000 tons and 1,600 tons gross; in one-quarter, reckoned in tonnage, of
the steam trawlers; and in one-quarter, reckoned in tonnage, of the other
fishing boats.
2.
The German Government will, within two months of the
coming into force of the present Treaty, deliver to the Reparation Commission
all the ships and boats mentioned in paragraph 1.
3.
The ships and boats mentioned in paragraph 1 include
all ships and boats which (a) fly, or may be entitled to fly, the German
merchant flag; or (b) are owned by any German national, company or corporation
or by any company or corporation belonging to a country other than an Allied or
Associated country and under the control or direction of German nationals; or
(c) are now under construction (1) in Germany, (2) in other than Allied or
Associated countries for the account of any German national, company or
corporation.
4.
For the purpose of providing documents of title for the
ships and boats to be handed over as above mentioned, the German Government
will:
(a) Deliver to the Reparation Commission in respect of
each vessel a bill of sale or other document of title evidencing the transfer to
the Commission of the entire property in the vessel free from all encumbrances,
charges and liens of all kinds, as the Commission may require;
(b) Take all measures that may be indicated by the
Reparation Commission for ensuring that the ships themselves shall be placed at
its disposal.
5.
As an additional part of reparation, Germany agrees to
cause merchant ships to be built in German yards for the account of the Allied
and Associated Governments as follows:
(a) Within three months of the coming into force of the
present Treaty, the Reparation Commission will notify to the German Government
the amount of tonnage to be laid down in German ship-yards in each of the two
years next succeeding the three months mentioned above.
(b) Within two years of the coming into force of the
present Treaty, the Reparation Commission will notify to the German Government
the amount of tonnage to be laid down in each of the three years following the
two years mentioned above.
(c) The amount of tonnage to be laid down in each year
shall not exceed 200,000 tons, gross tonnage.
(d) The specifications of the ships to be built, the
conditions under which they are to be built and delivered, the price per ton at
which they are to be accounted for by the Reparation Commission, and all other
questions relating to the accounting ordering, building and delivery of the
ships, shall be determined by the Commission.
6.
Germany undertakes to restore in kind and in normal
condition of upkeep to the Allied and Associated Powers, within two months of
the coming into force of the present Treaty, in accordance with procedure to be
laid down by the Reparation Commission, any boats and other movable appliances
belonging to inland navigation which since August 1,1914, have by any means
whatever come into her possession or into the possession of her nationals, and
which can be identified
With a view to make good the loss in inland navigation
tonnage from whatever cause arising, which has been incurred during the war by
the Allied and Associated Powers, and which cannot be made good by means of the
restitution prescribed above, Germany agrees to cede to the Reparation
Commission a portion of the German river fleet up to the amount of the loss
mentioned above, provided that such cession shall not exceed 20 per cent, of the
river fleet as it existed on November 11,1918.
The conditions of this cession shall be settled by the
arbitrators referred to in Article 339 of Part XII (Ports, Waterways and
Railways) of the present Treaty, who are charged with the settlement of
difficulties relating to the apportionment of river tonnage resulting from the
new international regime applicable to certain river systems or from the
territorial changes affecting those systems.
7.
Germany agrees to take any measures that may be
indicated to her by the Reparation Commission for obtaining the full title to
the property in all ships which have during the war been transferred, or are in
process of transfer, to neutral flags, without the consent of the Allied and
Associated Governments.
8.
Germany waives all claims of any description against
the Allied and Associated Governments and their nationals in respect of the
detention, employment, loss or damage of any German ships or boats, exception
being made of payments due in respect of the employment of ships in conformity
with the Armistice Agreement of January 13, 1919, and subsequent Agreements.
The handing over of the ships of the German mercantile
marine must be continued without interruption in accordance with the said
Agreement.
9.
Germany waives all claims to vessels or cargoes sunk by
or in consequence of naval action and subsequently salved, in which any of the
Allied or Associated Governments or their nationals may have any interest either
as owners, charterers, insurers or otherwise, notwithstanding any decree of
condemnation which may have been made by a Prize Court of Germany or of her
allies.
ANNEX IV.
1.
The Allied and Associated Powers require, and Germany
undertakes, that in part satisfaction of her obligations expressed in the
present Part she will, as hereinafter provided, devote her economic resources
directly to the physical
restoration of the invaded areas of the Allied and Associated Powers, to
the extent that these Powers may determine.
2.
The Allied and Associated Governments may file with the
Reparation Commission lists showing:
(a) Animals, machinery, equipment, tools and like
articles of a commercial character, which have been seized, consumed or
destroyed by Germany or destroyed in direct consequence of military operations,
and which such Governments, for the purpose of meeting immediate and urgent
needs, desire to have replaced by animals and articles of the same nature which
are in being in German territory at the
date of the coming into force of the present Treaty;
(b) Reconstruction materials (stones, bricks,
refractory bricks, tiles, wood, window-glass, steel, lime, cement, etc.),
machinery, heating apparatus, furniture and like articles of a commercial
character which the said Governments desire to have produced and manufactured in
Germany and delivered to them to permit of the restoration of the invaded areas.
3.
The lists relating to the articles mentioned in 2 (a)
above shall be filed within sixty days after the date of the coming into force
of the present Treaty.
The lists relating to the articles in 2 (b) above shall
be filed on or before December 31,1919.
The lists shall contain all such details as are
customary in commercial contracts dealing with the subject matter, including
specifications, dates of delivery (but not extending over more than four years),
and places of delivery, but not price or value, which shall be fixed as
hereinafter provided by the Commission.
4.
Immediately upon the filing of such lists with the
Commission, the Commission shall consider the amount and number of the materials
and animals mentioned in the lists provided for above which are to be required
of Germany. In reaching a decision on this matter the Commission shall take into
account such domestic requirements of Germany as it deems essential for the
maintenance of Germany's social and economic life, the prices and dates at which
similar articles can be obtained in the Allied and Associated countries as
compared with those to be fixed for German articles, and the general interest of
the Allied and Associated Governments that the industrial life of Germany be not
so disorganised as to affect adversely the ability of Germany to perform the
other acts of reparation stipulated for.
105
Machinery, equipment, tools and like articles of a
commercial character in actual industrial use are not, however, to be demanded
of Germany unless there is no free stock of such articles respectively which is
not in use and is available, and then not m excess of thirty per cent, of the
quantity of such articles in use in any one establishment or undertaking.
The Commission shall give representatives of the German
Government an opportunity and a time to be heard as to their capacity to furnish
the said materials, articles and animals.
The decision of the Commission shall thereupon and at
the earliest possible moment be communicated to the German Government and to the
several interested Allied and Associated Governments.
The German Government undertakes to deliver the
materials, articles and animals as specified in the said communication, and the
interested Allied and Associated Governments severally agree to accept the same,
provided they conform to the specification given, or are not, in the judgment of
the Commission, unfit to be utilised in the work of reparation.
5.
The Commission shall determine the value to be
attributed to the materials, articles and animals to be delivered in accordance
with the foregoing, and the Allied or Associated Power receiving the same agrees
to be charged with such value, and the amount thereof shall be treated as a
payment by Germany to be divided in accordance with Article 237 of this Part of
the present Treaty.
In cases where the right to require physical
restoration as above provided is exercised, the Commission shall ensure that the
amount to be credited against the reparation obligation of Germany shall be the
fair value of work done or materials supplied by Germany, and that the claim
made by the interested Power in respect of the damage so repaired by physical
restoration shall be discharged to the extent of the proportion which the damage
thus repaired bears to the whole of the damage thus claimed for.
6.
As an immediate advance on account of the animals
referred to in paragraph 2 (a) above, Germany undertakes to deliver in equal
monthly installments in the three months following the coming into force of the
present Treaty the following quantities of live stock:
(1) To the French Government. 500 stallions (3 to 7
years);
30,000 fillies and mares (18 months to 7 years), type:
Ardennais, Boulonnais or Belgian; 2,000 bulls (18 months to 3 years); 90,000 milch cows (2 to 6 years);
1,000 rams; 100,000 sheep; 10,000 goats.
(2) To the Belgian Government.
200 stallions (3 to 7 years), large Belgian type; 5,000
mares (3 to 7 years), large Belgian type; 5,000 fillies (18 months to 3 years),
large Belgian type; 2,000 bulls (18 months to 3 years); 50,000 milch cows (2 to
6 years); 40,000 heifers; 200 rams; 20,000 Sheep; 15,000 sows.
The animals delivered shall be of average health and
condition.
To the extent that animals so delivered cannot be
identified as animals taken away or seized, the value of such animals shall be
credited against the reparation obligations of Germany in accordance with
paragraph 5 of this Annex.
7.
Without waiting for the decisions of the Commission
referred to in paragraph 4 of this Annex to be taken, Germany must continue the
delivery to France of the agricultural material referred to in Article HI of the
renewal dated January 16, 1919, of the Armistice.
ANNEX V.
1.
Germany accords the following options for the delivery
of coal and derivatives of coal to the undermentioned signatories of the present
Treaty.
2.
Germany undertakes to deliver to France seven million
tons of coal per year for ten years. In addition, Germany undertakes to deliver
to France annually for a period not exceeding ten years an amount of coal equal
to the difference between the annual production before the war of the coal mines
of the Nord and Pas de Calais, destroyed as a result of the war, and the
production of the mines of the same area during the years in question: such
delivery not to exceed twenty million tons in any one year of the first five
years, and eight million tons in any one year of the succeeding five years.
It is understood that due diligence will be exercised
in the restoration of the destroyed mines in the Nord and the Pas de Calais.
3.
Germany undertakes to deliver to Belgium eight million
tons of coal annually for ten years.
4.
Germany undertakes to deliver to Italy up to the
following . quantities of coal:
July 1919 to June 1920 4-1/2 million tons, 1920 1921 6
1921 19227-1/2 1922 1923 8 1923 1924 and each of the following five years 8-1/2
At least two-thirds of the actual deliveries to be
land-borne. 5.
Germany further undertakes to deliver annually to
Luxemburg, if directed by the Reparation Commission, a quantity of coal equal to
the pre-war annual consumption of German coal in Luxemburg.
6.
The prices to be paid for coal delivered under these
options shall be as follows:
(a) For overland delivery, including delivery by barge,
the German pithead price to German nationals, plus the freight to French,
Belgian, Italian or Luxemburg frontiers, provided that the pithead price does
not exceed the pithead price of British coal for export. In the case of Belgian
bunker coal, the price shall not exceed the Dutch bunker price.
Railroad and barge tariffs shall not be higher than the
lowest similar rates paid in Germany.
(b) For sea delivery, the German export price f. o. b.
German ports, or the British export price f. o. b. British ports, whichever may
be lower.
7.
The Allied and Associated Governments interested may
demand the delivery, in place of coal, of metallurgical coke in the proportion
of 3 tons of coke to 4 tons of coal.
8.
Germany undertakes to deliver to France, and to
transport to the French frontier by rail or by water, the following products,
during each of the three years following the coming into force of this Treaty:
Benzol 35,000 tons. Coal tar 50,000 tons Sulphate of
ammonia 30,000 tons.
All or part of the coal tar may, at the option of the
French Government, be replaced by corresponding quantities of products of
distillation, such as light oils, heavy oils, anthracene, napthalene or pitch
9.
The price paid for coke and for the articles referred
to in the preceding paragraph shall be the same as the price paid by German
nationals under the same conditions of shipment to the French frontier or to the
German ports, and shall be subject to any advantages which may be accorded
similar products furnished to German nationals.
10.
The foregoing options shall be exercised through the
intervention of the Reparation Commission, which, subject to the specific
provisions hereof, shall have power to determine all questions relative to
procedure and the qualities and quantities of products, the quantity of coke
which may be substituted for coal, and the times and modes of delivery and
payment. In giving notice to the German Government of the foregoing options the
Commission shall give at least 120 days, notice of deliveries to be made after
January 1,1920, and at least 30 days, notice of deliveries to be made between
the coming into force of this Treaty and January 1, 1920. Until Germany has
received the demands referred to in this paragraph, the provisions of the
Protocol of DecemberE25,1918, (Execution of Article VI of the Armistice of
November 11,1918) remain in force. The notice to be given to the German
Government of the exercise of the right of substitution accorded by paragraphs 7
and 8 shall be such as the Reparation Commission may consider sufficient. If the
Commission shall determine that the full exercise of the foregoing options would
interfere unduly with the industrial requirements of Germany, the Commission is
authorised to postpone or to cancel deliveries, and in so doing to settle all
questions of priority; but the coal to replace coal from destroyed mines shall
receive priority over other deliveries.
ANNEX VI.
1.
Germany accords to the Reparation Commission an option
to require as part of reparation the delivery by Germany of such quantities and
kinds of dyestuffs and chemical drugs as the Commission may designate, not
exceeding 50 per cent, of the total stock of each and every kind of dyestuff and
chemical drug in Germany or under German control at the date of the coming into
force of the present Treaty.
This option shall be exercised within sixty days of the
receipt by the Commission of such particulars as to stocks as may be considered
necessary by the Commission.
2.
Germany further accords to the Reparation Commission an
option to require delivery during the period from the date of the coming into
force of the present Treaty until January 1,1920, and during each period of six
months thereafter until January 1 ,1925, of any specified kind of dyestuff and
chemical drug up to an amount not exceeding 25 per cent, of the German
production of such dyestuffs and chemical drugs during the previous six months
period. If in any case the production during such previous six months was, in
the opinion of the Commission, less than normal, the amount required may be 25
per cent, of the normal production.
Such option shall be exercised within four weeks after
the receipt of such particulars as to production and in such form as may be
considered necessary by the Commission; these particulars shall be furnished by
the German Government immediately after the expiration of each six months
period.
3.
For dyestuffs and chemical drugs delivered under
paragraph 1, the price shall be fixed by the Commission having regard to prewar
net export prices and to subsequent increases of cost.
For dyestuffs and chemical drugs delivered under
paragraph 2, the price shall be fixed by the Commission having regard to pre-war
net export prices and subsequent variations of cost, or the lowest net selling
price of similar dyestuffs and chemical drugs to any other purchaser. [See Map
The Former German Cables] 4.
All details, including mode and times of exercising the
options, and making delivery, and all other questions arising under this
arrangement shall be determined by the Reparation Commission; the German
Government will furnish to the Commission all necessary information and other
assistance which it may require.
5.
The above expression ,,dyestuffs and chemical drugs,,
includes all synthetic dyes and drugs and intermediate or other products used in
connection with dyeing, so far as they are manufactured for sale. The present
arrangement shall also apply to cinchona bark and salts of quinine.
ANNEX VII.
Germany renounces on her own behalf and on behalf of
her nationals in favour of the Principal Allied and Associated Powers all
rights, titles or privileges of whatever nature in the submarine cables set out
below, or in any portions thereof:
Emden-vigo: from the Straits of Dover to off vigo;
Emden-Brest: from off Cherbourg to Brest; Emden-Teneriffe: from off Dunkirk to
off Teneriffe; Emden-Azores (1): from the Straits of Dover to Fayal;
Emden-Azores (2): from the Straits of Dover to Fayal; Azores-New York (1): from
Fayal to New York; Azores-New York (2): from Fayal to the longitude of Halifax,
Teneriffe-Monrovia: from off Teneriffe to off Monrovia; Monrovia-Lome:
from about lat. :2° 30' N.; long.:?0 40' W. of
Greenwich: to about lat. :2° 20' N.; long.:5° 30, W. of Greenwich; and from
about lat. :3° 48' N.; long.:0° 00', to Lome;
Lome-Duala: from Lome to Duala; Monrovia-Pernambuco:
from off Monrovia to off Pernambuco; Constantinople-Constanza: from
Constantinople to Constanza; Yap-Shanghai, Yap-Guam, and Yap-Menado (Celebes):
from Yap Island to Shanghai, from Yap Island to Guam Island, and from Yap Island
to Menado.
The value of the above mentioned cables or portions
thereof in so far as they are privately owned, calculated on the basis of the
original cost less a suitable allowance for depreciation, shall be credited to
Germany in the reparation account.
SECTION II.
SPECIAL PROVISIONS.
ARTICLE 245.
Within six months after the coming into force of the
present Treaty the German Government must restore to the French Government the
trophies, archives, historical souvenirs or works of art carried away from
France by the German authorities in the course of the war of 1870-1871 and
during this last war, in accordance with a list which will be communicated to it
by the French Government; particularly the French flags taken in the course of
the war of 1870-1871 and all the political papers taken by the German
authorities on October lo, 1870, at the chateau of Cercay, near Brunoy
(Seine-et-Oise) belonging at the time to Mr. Rouher, formerly Minister of State.
ARTICLE 246.
Within six months from the coming into force of the
present Treaty, Germany will restore to His Majesty the King of the Hedjaz the
original Koran of the Caliph Othman, which was removed from Medina by the
Turkish authorities and is stated to have been presented to the ex-Emperor
William n.
Within the same period Germany will hand over to His
Britannic Majesty's Government the skull of the Sultan Mkwawa which was removed
from the Protectorate of German East Africa and taken to Germany.
The delivery of the articles above referred to will be
effected in such place and
in such conditions as may be laid down by the
Governments to which they are to be
restored.
ARTICLE 247.
Germany undertakes to furnish to the University of
Louvain, within three months after a request made by it and transmitted through
the intervention of the Reparation Commission, manuscripts, incunabula, printed
books, maps and objects of collection corresponding in number and value to those
destroyed in the burning by Germany of the Library of Louvain. All details
regarding such replacement will be determined by the Reparation Commission.
Germany undertakes to deliver to Belgium, through the
Reparation Commission, within six months of the coming into force of the present
Treaty, in order to enable Belgium to reconstitute two great artistic works:
(1) The leaves of the triptych of the Mystic Lamb
painted by the Van Eyck brothers, formerly in the Church of St. Bavon at Ghent,
now in the Berlin Museum;
(2) The leaves of the triptych of the Last Supper,
painted by Dierick Bouts, formerly in the Church of St. Peter at Louvain, two of
which are now in the Berlin Museum and two in the Old Pinakothek at Munich.
PART IX.
FINANCIAL
CLAUSES.
ARTICLE 248.
Subject to such exceptions as the Reparation Commission
may approve, a first charge upon all the assets and revenues of the German
Empire and its constituent States shall be the cost of reparation and all other
costs arising under the present Treaty or any treaties or agreements
supplementary thereto or under arrangements concluded between Germany and the
Allied and Associated Powers during the Armistice or its extensions.
Up to May 1,1921, the German Government shall not
export or dispose of, and shall forbid the export or disposal of, gold without
the previous approval of the Allied and Associated Powers acting through the
Reparation Commission.
ARTICLE 249.
There shall be paid by the German Government the total
cost of all armies of the Allied and Associated Governments in occupied German
territory from the date of the signature of the Armistice of November 11,1918,
including the keep of men and beasts, lodging and billeting, pay and allowances,
salaries and wages, bedding, heating, lighting, clothing, equipment, harness and
saddlery, armament and rolling-stock, air services, treatment of sick and
wounded, veterinary and remount services, transport service of all sorts (such
as by rail, sea or river, motor lorries), communications and correspondence, and
in general the cost of all administrative or technical services the working of
which is necessary for the training of troops and for keeping their numbers up
to strength and preserving their military efficiency.
The cost of such liabilities under the above heads so
far as they relate to purchases or requisitions by the Allied and Associated
Governments in the occupied territories shall be paid by the German Government
to the Allied and Associated Governments in marks at the current or agreed rate
of exchange. All other of the above costs shall be paid in gold marks.
ARTICLE 250.
Germany confirms the surrender of all material handed
over to the Allied and Associated Powers in accordance with the Armistice of
November 11, 1918, and subsequent Armistice Agreements, and recognises the title
of the Allied and Associated Powers to such material.
There shall be credited to the German Government,
against the sums due from it to the Allied and Associated Powers for reparation,
the value, as assessed by the Reparation Commission, referred to in Article 233
of Part VIE (Reparation) of the present Treaty, of the material handed over in
accordance with Article YE of the Armistice of November 11,1918, or Article HI
of the Armistice Agreement of January 16, 1919, as well as of any other material
handed over in accordance with the Armistice of November 11, 1918, and of
subsequent Armistice Agreements, for which, as having non-military value, credit
should in the judgment of the Reparation Commission be allowed to the German
Government.
Property belonging to the Allied and Associated
Governments or their nationals restored or surrendered under the Armistice
Agreements in specie shall not be credited to the German Government.
ARTICLE 251.
The priority of the charges established by Article 248
shall, subject to the qualifications made below, be as follows:
(a) The cost of the armies of occupation as defined
under Article 249 during the Armistice and its extensions;
(b) The cost of any armies of occupation as defined
under Article 249 after the coming into force of the present Treaty;
(c) The cost of reparation arising out of the present
Treaty or any treaties or conventions supplementary thereto;
(d) The cost of all other obligations incumbent on
Germany under the Armistice Conventions or under this Treaty or any treaties or
conventions supplementary thereto.
The payment for such supplies of food and raw material
for Germany and such other payments as may be judged by the Allied and
Associated Powers to be essential to enable Germany to meet her obligations in
respect of reparation will have priority to the extent and upon the conditions
which have been or may be determined by the Governments of the said Powers.
ARTICLE 252.
The right of each of the Allied and Associated Powers
to dispose of enemy assets and property within its jurisdiction at the date of
the coming into force of the present Treaty is not affected by the foregoing
provisions.
ARTICLE 253.
Nothing in the foregoing provisions shall prejudice in
any manner charges or mortgages lawfully effected in favour of the Allied or
Associated Powers or their nationals respectively, before the date at which a
state of war existed between Germany and the Allied or Associated Power
concerned, by the German Empire or its constituent States, or by German
nationals, on assets in their ownership at that date.
ARTICLE 254
The Powers to which German territory is ceded shall,
subject to the qualifications made in Article 255, undertake to pay:
(1) A portion of the debt of the German Empire as it
stood on August 1, 1914, calculated on the basis of the ratio between the
average for the three financial years 1911,1912,1913, of such revenues of the
ceded territory, and the average for the same years of such revenues of the
whole German Empire as in the judgment of the Reparation Commission are best
calculated to represent the relative ability of the respective territories to
make payment;
A portion of the debt as it stood on August 1, 1914, of
the German State to which the ceded territory belonged, to be determined in
accordance with the principle stated above.
Such portions shall be determined by the Reparation
Commission.
The method of discharging the obligation, both in
respect of capital and of interest, so assumed shall be fixed by the Reparation
Commission. Such method may take the form, inter alia, of the assumption by the
Power to which the territory is ceded of Germany's liability for the German debt
held by her nationals. But in the event of the method adopted involving any
payments to the German Government, such payments shall be transferred to the
Reparation Commission on account of the sums due for reparation so long as any
balance in respect of such sums remains unpaid.
ARTICLE 255.
(1) As an exception to the above provision and inasmuch
as in 1871 Germany refused to undertake any portion of the burden of the French
debt, France shall be, in respect of Alsace-Lorraine, exempt from any payment
under Article 254.
(2) In the case of Poland that portion of the debt
which, in the opinion of the Reparation Commission, is attributable to the
measures taken by the German and Prussian Governments for the German
colonisation of Poland shall be excluded from the apportionment to be made under
Article 254.
(3) In the case of all ceded territories other than
Alsace-Lorraine, that portion of the debt of the German Empire or German States
which, in the opinion of the Reparation Commission, represents expenditure by
the Governments of the German Empire or States upon the Government properties
referred to in Article 256 shall be excluded from the apportionment to be made
under Article 254.
ARTICLE 256.
Powers to which German territory is ceded shall acquire
all property and possessions situated therein belonging to the German Empire or
to the German States, and the value of such acquisitions shall be fixed by the
Reparation Commission, and paid by the State acquiring the territory to the
Reparation Commission for the credit of the German Government on account of the
sums due for reparation.
For the purposes of this Article the property and
possessions of the German Empire and States shall be deemed to include all the
property of the Crown, the Empire or the States, and the private property of the
former German Emperor and other Royal personages.
In view of the terms on which Alsace-Lorraine was ceded
to Germany in 1871, France shall be exempt in respect thereof from making any
payment or credit under this Article for any property or possessions of the
German Empire or States situated therein.
Belgium also shall be exempt from making any payment or
any credit under this Article for any property or possessions of the German
Empire or States situated in German territory ceded to Belgium under the present
Treaty.
ARTICLE 257.
In the case of the former German territories, including
colonies, protectorates or dependencies, administered by a Mandatory under
Article 22 of Part I (League of Nations) of the present Treaty, neither the
territory nor the Mandatory Power shall be charged with any portion of the debt
of the German Empire or States.
All property and possessions belonging to the German
Empire or to the German States situated in such territories shall be transferred
with the territories to the Mandatory Power in its capacity as such and no
payment shall be made nor any credit given to those Governments in consideration
of this transfer.
For the purposes of this Article the property and
possessions of the German Empire and of the German States shall be deemed to
include all the property of the Crown, the Empire or the States and the private
property of the former German Emperor and other Royal personages.
ARTICLE 258.
Germany renounces all rights accorded to her or her
nationals by treaties, conventions or agreements, of whatsoever kind, to
representation upon or participation in the control or administration of
commissions, state banks, agencies or other financial or economic organisations
of an international character, exercising powers of control or administration,
and operating in any of the Allied or Associated States, or in Austria, Hungary,
Bulgaria or Turkey, or in the dependencies of these States, or in the former
Russian Empire.
ARTICLE 259.
(1) Germany agrees to deliver within one month from the
date of the coming into force of the present Treaty, to such authority as the
Principal Allied and Associated Powers may designate, the sum in gold which was
to be deposited in the Reichsbank in the name of the Council of the
Administration of the Ottoman Public Debt as security for the first issue of
Turkish Government currency notes.
(2) Germany recognises her obligation to make annually
for the period of twelve years the payments in gold for which provision is made
in the German Treasury Bonds deposited by her from time to time in the name of
the Council of the Administration of the Ottoman Public Debt as security for the
second and subsequent issues of Turkish Government currency notes.
(3) Germany undertakes to deliver, within one month
from the coming into force of the present Treaty, to such authority as the
Principal Allied and Associated Powers may designate, the gold deposit
constituted in the Reichsbank or elsewhere, representing the residue of the
advance in gold agreed to on May 5, 1915, by the Council of the Administration
of the Ottoman Public Debt to the Imperial Ottoman Government.
(4) Germany agrees to transfer to the Principal Allied
and Associated Powers any title that she may have to the sum in gold and silver
transmitted by her to the Turkish Ministry of Finance in November, 1918, in
anticipation of the payment to be made in May, 1919, for the service of the
Turkish Internal Loan.
(5) Germany undertakes to transfer to the Principal
Allied and Associated Powers, within a period of one month from the coming into
force of the present Treaty, any sums in gold transferred as pledge or as
collateral security to the German Government or its nationals in connection with
loans made by them to the Austro-Hungarian Government.
(6) Without prejudice to Article 292 of Part X
(Economic Clauses) of the present Treaty, Germany confirms the renunciation
provided for in Article XV of the Armistice of November 11,1918, of any benefit
disclosed by the Treaties of Bucharest and of Brest-Litovsk and by the treaties
supplementary thereto.
Germany undertakes to transfer, either to Roumania or
to the Principal Allied and Associated Powers as the case may be, all monetary
instruments, specie, securities and negotiable instruments, or goods, which she
has received under the aforesaid Treaties.
(7) The sums of money and all securities, instruments
and goods of whatsoever nature, to be delivered, paid and transferred under the
provisions of this Article, shall be disposed of by the Principal Allied and
Associated Powers in a manner hereafter to be determined by those Powers.
ARTICLE 260.
Without prejudice to the renunciation of any rights by
Germany on behalf of herself or of her nationals in the other provisions of the
present Treaty, the Reparation Commission may within one year from the coming
into force of the present Treaty demand that the German Government become
possessed of any rights and interests of German nationals in any public utility
undertaking or in any concession operating in Russia, China, Turkey, Austria,
Hungary and Bulgaria, or in the possessions or dependencies of these States or
in any territory formerly belonging to Germany or her allies, to be ceded by
Germany or her allies to any Power or to be administered by a Mandatory under
the present Treaty, and may require that the German Government transfer, within
six months of the date of demand, all such rights and interests and any similar
rights and interests the German Government may itself possess to the Reparation
Commission.
Germany shall be responsible for indemnifying her
nationals so dispossessed, and the Reparation Commission shall credit Germany,
on account of sums due for reparation, with such sums in respect of the value of
the transferred rights and interests as may be assessed by the Reparation
Commission, and the German Government shall, within six months from the coming
into force of the present Treaty, communicate to the Reparation Commission all
such rights and interests, whether already granted, contingent or not yet
exercised, and shall renounce on behalf of itself and its nationals in favour of
the Allied and Associated Powers all such rights and interests which have not
been so communicated.
ARTICLE 261.
Germany undertakes to transfer to the Allied and
Associated Powers any claims she may have to payment or repayment by the
Governments of Austria, Hungary, Bulgaria or Turkey, and, in particular, any
claims which may arise, now or hereafter, from the fulfilment of undertakings
made by Germany during the war to those Governments.
ARTICLE 262.
Any monetary obligation due by Germany arising out of
the present Treaty and expressed in terms of gold marks shall be payable at the
option of the creditors in pounds sterling payable in London; gold dollars of
the United States of America payable in New York; gold francs payable in Paris;
or gold lire payable in Rome.
For the purpose of this Article the gold coins
mentioned above shall be defined as being of the weight and fineness of gold as
enacted by law on January 1,1914.
ARTICLE 263.
Germany gives a guarantee to the Brazilian Government
that all sums representing the sale of coffee belonging to the State of Sao
Paolo in the ports of Hamburg, Bremen, Antwerp and Trieste, which were deposited
with the Bank of Bleichroder at Berlin, shall be reimbursed together with
interest at the rate or rates agreed upon. Germany having prevented the transfer
of the sums in question to the State of Sao Paolo at the proper time, guarantees
also that the reimbursement shall be effected at the rate of exchange of the day
of the deposit.
PART X.
ECONOMIC CLAUSES.
SECTION 1.
COMMERCIAL RELATIONS.
CHAPTER I.
CUSTOMS REGULATIONS, DUTIES AND RESTRICTIONS.
ARTICLE 264.
Germany undertakes that goods the produce or
manufacture of any one of the Allied or Associated States imported into Germany
territory, from whatsoever place arriving, shall not be subjected to other or
higher duties or charges (including internal charges) than those to which the
like goods the produce or manufacture of any other such State or of any other
foreign country are subject.
Germany will not maintain or impose any prohibition or
restriction on the importation into German territory of any goods the produce or
manufacture of the territories of any one of the Allied or Associated States,
from whatsoever place arriving, which shall not equally extend to the
importation of the like goods the produce or manufacture of any other such State
or of any other foreign country.
ARTICLE 265.
Germany further undertakes that, in the matter of the
regime applicable on importation, no discrimination against the commerce of any
of the Allied and Associated States as compared with any other of the said
States or any other foreign country shall be made, even by indirect means, such
as customs regulations or procedure, methods of verification or analysis
conditions of payment of duties, tariff classification or interpretation, or the
operation of monopolies.
ARTICLE 266.
In all that concerns exportation Germany undertakes
that goods, natural products or manufactured articles, exported from German
territory to the territories of any one of the Allied or Associated States shall
not be subjected to other or higher duties or charges (including internal
charges) than those paid on the like goods exported to any other such State or
to any other foreign country.
Germany will not maintain or impose any prohibition or
restriction on the exportation of any goods sent from her territory to any one
of the Allied or Associated States which shall not equally extend to the
exportation of the like goods, natural products or manufactured articles, sent
to any other such State or to any other foreign country.
ARTICLE: 267.
Every favour, immunity or privilege in regard to the
importation, exportation or transit of goods granted by Germany to any Allied or
Associated State or to any other foreign country whatever shall simultaneously
and unconditionally, without request and without compensation, be extended to
all the Allied and Associated States.
ARTICLE 268.
The provisions of Articles 264 to 267 inclusive of this
Chapter and of Article 323 of Part XII (Ports, Waterways and Railways) of the
present Treaty are subject to the following exceptions:
(a) For a period of five years from the coming into
force of the present Treaty, natural or manufactured products which both
originate in and come from the territories of Alsace and Lorraine reunited to
France shall, on importation into German customs territory, be exempt from all
customs duty.
The French Government shall fix each year, by decree
communicated to the German Government, the nature and amount of the products
which shall enjoy this exemption.
The amount of each product which may be thus sent
annually into Germany shall not exceed the average of the amounts sent annually
in the years 1911-1913.
Further, during the period above mentioned the German
Government shall allow the free export from Germany, and the free re-importation
into Germany, exempt from all customs duties and other charges (including
internal charges), of yarns, tissues, and other textile materials or textile
products of any kind and in any condition, sent from Germany into the
territories of Alsace or Lorraine, to be subjected there to any finishing
process, such as bleaching, dyeing, printing, mercerisation, gassing, twisting
or dressing.
(b) During a period of three years from the coming into
force of the present Treaty natural or manufactured products which both
originate in and come from Polish territories which before the war were part of
Germany shall, on importation into German customs territory, be exempt from all
customs duty.
The Polish Government shall fix each year, by decree
communicated to the German Government, the nature and amount of the products
which shall enjoy this exemption.
The amount of each product which may be thus sent
annually into Germany shall not exceed the average of the amounts sent annually
in the years 1911-1913.
(c) The Allied and Associated Powers reserve the right
to require Germany to accord freedom from customs duty, on importation into
German customs territory, to natural products and manufactured articles which
both originate in and come from the Grand Duchy of Luxemburg, for a period of
five years from the coming into force of the present Treaty.
The nature and amount of the products which shall enjoy
the benefits of this regime shall be communicated each year to the German
Government.
The amount of each product which may be thus sent
annually into Germany shall not exceed the average of the amounts sent annually
in the years 1911-1913.
ARTICLE 269.
During the first six months after the coming into force
of the present Treaty, the duties imposed by Germany on imports from Allied and
Associated States shall not be higher than the most favourable duties which were
applied to imports into Germany on July 31, 1914.
During a further period of thirty months after the
expiration of the first six months, this provision shall continue to be applied
exclusively with regard to products which, being comprised in Section A of the
First Category of the German Customs Tariff of December 25,1902, enjoyed at the
above-mentioned date (July 31, 1914) rates conventionalised by treaties with the
Allied and Associated Powers, with the addition of all kinds of wine and
vegetable oils, of artificial silk and of washed or scoured wool whether or not
they were the subject of special conventions before July 31, 1914.
ARTICLE 270.
The Allied and Associated Powers reserve the right to
apply to German territory occupied by their troops a special customs regime as
regards imports and exports, in the event of such a measure being necessary in
their opinion in order to safeguard the economic interests of the population of
these territories.
CHAPTER H.
SHIPPING.
ARTICLE 271.
As regards sea fishing, maritime coasting trade, and
maritime towage, vessels of the Allied and Associated Powers shall enjoy, in
German territorial waters, the treatment accorded to vessels of the most
favoured nation.
ARTICLE 272.
Germany agrees that, notwithstanding any stipulation to
the contrary contained in the Conventions relating to the North Sea fisheries
and liquor traffic, all rights of inspection and police shall, in the case of
fishing-boats of the Allied Powers, be exercised solely by ships belonging to
those Powers.
ARTICLE 273.
In the case of vessels of the Allied or Associated
Powers, all classes of certificates or documents relating to the vessel, which
were recognised as valid by Germany before the war, or which may hereafter be
recognised as valid by the principal maritime States, shall be recognised by
Germany as valid and as equivalent to the corresponding certificates issued to
German vessels.
A similar recognition shall be accorded to the
certificates and documents issued to their vessels by the Governments of new
States, whether they have a sea-coast or not, provided that such certificates
and documents shall be issued m conformity with the general practice observed in
the principal maritime States.
The High Contracting Parties agree to recognise the
flag flown by the vessels of an Allied or Associated Power having no seacoast
which are registered at some one specified place situated in its territory; such
place shall serve as the port of registry of such vessels.
CHAPTER HI
UNFAIR COMPETITION.
ARTICLE 274.
Germany undertakes to adopt all the necessary
legislative and administrative measures to protect goods the produce or
manufacture of any one of the Allied and Associated Powers from all forms of
unfair competition in commercial transactions.
Germany undertakes to prohibit and repress by seizure
and by other appropriate remedies the importation, exportation, manufacture,
distribution, sale or offering for sale in its territory of all goods bearing
upon themselves or their usual get-up or wrappings any marks, names, devices, or
description whatsoever which are calculated to convey directly or indirectly a
false indication of the origin, type, nature, or special characteristics of such
goods.
ARTICLE 275
Germany undertakes on condition that reciprocity is
accorded in these matters to respect any law, or any administrative or judicial
decision given in conformity with such law, in force in any Allied or Associated
State and duly communicated to her by the proper authorities, defining or
regulating the right to any regional appellation in respect of wine or spirits
produced in the State to which the region belongs, or the conditions under which
the use of any such appellation may be permitted; and the importation,
exportation, manufacture, distribution, sale or offering for sale of products or
articles bearing regional appellations inconsistent with such law or order shall
be prohibited by the German Government and repressed by the measures prescribed
in the preceding Article.
CHAPTER IV.
TREATMENT OF NATIONALS OF ALLIED AND ASSOCIATED POWERS.
ARTICLE 276. Germany undertakes:
(a) Not to subject the nationals of the Allied and
Associated Powers to any prohibition in regard to the exercise of occupations,
professions, trade and industry, which shall not be equally applicable to all
aliens without exception;
(b) Not to subject the nationals of the Allied and
Associated Powers in regard to the rights referred to in paragraph (a) to any
regulation or restriction which might contravene directly or indirectly the
stipulations of the said paragraph,
or which shall be other or more disadvantageous than
those which are applicable to nationals of the most favoured nation;
(c) Not to subject the nationals of the Allied and
Associated Powers, their property, rights or interests, including companies and
associations In which they are interested, to any charge, tax or impost, direct
or indirect, other or higher than those which are or may be imposed on her own
nationals or their property, rights or interests;
(d) Not to subject the nationals of any one of the
Allied and Associated Powers to any restriction which was not applicable on July
1,1914, to the nationals of such Powers unless such restriction is likewise
imposed on her own nationals.
ARTICLE 277.
The nationals of the Allied and Associated Powers shall
enjoy in German territory a constant protection for their persons and for their
property, rights and interests, and shall have free access to the courts of law.
ARTICLE 278.
Germany undertakes to recognise any new nationality
which has been or may be acquired by her nationals under the laws of the Allied
and Associated Powers and in accordance with the decisions of the competent
authorities of these Powers pursuant to naturalisation laws or under treaty
stipulations, and to regard such persons as having, in consequence of the
acquisition of such new nationality, in all respects severed their allegiance to
their country of origin.
ARTICLE 279.
The Allied and Associated Powers may appoint
consuls-general, consuls, vice-consuls, and consular agents in German towns and
ports. Germany undertakes to approve the designation of the consuls-general,
consuls, vice-consuls, and consular agents, whose names shall be notified to
her, and to admit them to the exercise of their functions in conformity with the
usual rules and customs.
CHAPTER V.
GENERAL ARTICLES ARTICLE 280.
The obligations imposed on Germany by Chapter I and by
Articles 271 and 272 of Chapter II above shall cease to have effect five years
from the date of the coming into force of the present Treaty, unless otherwise
provided in the text, or unless the Council of the League of Nations shall, at
least twelve months before the expiration of that period, decide that these
obligations shall be maintained for a further period with or without amendment.
Article 276 of Chapter IV shall remain in operation,
with or without amendment, after the period of five years for such further
period, if any, not exceeding five years, as may be determined by a majority of
the Council of the League of Nations.
ARTICLE 281.
If the German Government engages in international
trade, it shall not in respect thereof have or be deemed to have any rights,
privileges or immunities of sovereignty.
SECTION II.
TREATIES.
ARTICLE 282.
From the coming into force of the present Treaty and
subject to the provisions thereof the multilateral treaties, conventions and
agreements of an economic or technical character enumerated below and in the
subsequent Articles shall alone be applied as between Germany and those of the
Allied and Associated Powers party thereto:
(1) 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 October 11,1909, regarding the
international circulation of motor-cars.
(3) Agreement of May 15, 1886, regarding the sealing of
railway trucks subject to customs inspection, and Protocol of May 18, 1907.
(4) Agreement of May 15, 1886, regarding the technical
standardisation of railways.
(5) Convention of July 5,1890, regarding the
publication of customs tariffs and the organisation of an International Union
for the publication of customs tariffs.
(6) Convention of December 31, 1913, regarding the
unification of commercial statistics.
(7) Convention of April 25,1907, regarding the raising
of the Turkish customs tariff.
(8) Convention of March 14, 1857, for the redemption of
toll dues on the Sound and Belts.
(9) Convention of June 22,1861, for the redemption of
the Stade Toll on the Elbe.
(10) Convention of July 16,1863, for the redemption of
the toll dues on the Scheldt.
(11) Convention of October 29,1888, regarding the
establishment of a definite arrangement guaranteeing the free use of the Suez
Canal.
(12) Conventions of September 23, 1910, respecting the
unification of certain regulations regarding collisions and salvage at sea.
(13) Convention of December 21,1904, regarding the
exemption of hospital ships from dues and charges in ports
(14) Convention of February 4, 1898, regarding the
tonnage measurement of vessels for inland navigation.
(15) Convention of September 26, 1906, for the
suppression of nightwork for women.
(16) Convention of September 26, 1906, for the
suppression of the use of white phosphorus in the manufacture of matches.
(17) Conventions of May 18, 1904, and May 4, 1910,
regarding the suppression of the White Slave Traffic.
(18) Convention of May 4, 1910, regarding the
suppression of obscene publications.
(19) Sanitary Conventions of January 30, 1892, April
15,1893, April 3,1894, March 19,1897, and December 3,1903.
(20) Convention of May 20, 1875, regarding the
unification and improvement of the metric system.
(21) Convention of November 29,1906, regarding the
unification of pharmacopoeial formulae for potent drugs.
(22) Convention of November 16 and 19,1885, regarding
the establishment of a concert pitch.
(23) Convention of June 7,1905, regarding the creation
of an International Agricultural Institute at Rome.
(24) Conventions of November 3, 1881, and April
15,1889, regarding precautionary measures against phylloxera.
(25) Convention of March 19,1902, regarding the
protection of birds useful to agriculture.
(26) Convention of June 12, 1902, as to the protection
of minors. ARTICLE 283.
From the coming into force of the present Treaty the
High Contracting Parties shall apply the conventions and agreements hereinafter
mentioned, in so far as concerns them, on condition that the special
stipulations contained in this Article are fulfilled by Germany.
Postal Conventions:
Conventions and agreements of the Universal Postal
Union concluded at Vienna, July 4, 1891.
Conventions and agreements of the Postal Union signed
at Washington, June 15, 1897.
Conventions and agreements of the Postal Union signed
at Rome, May 26, 1906.
Telegraphic Conventions:
International Telegraphic Conventions signed at St.
Petersburg July 10, 22, 1875.
Regulations and Tariffs drawn up by the International
Telegraphic Conference, Lisbon, June 11, 1908.
Germany undertakes not to refuse her assent to the
conclusion by the new States of the special arrangements referred to in the
conventions and agreements relating to the Universal Postal Union and to the
International Telegraphic Union, to which the said new States have adhered or
may adhere.
ARTICLE 284.
From the coming into force of the present Treaty the
High Contracting Parties shall apply, in so far as concerns them, the
International Radio-Telegraphic Convention of July S, 1912, on condition that
Germany fulfills the provisional regulations which will be indicated to her by
the Allied and Associated Powers.
If within five years after the coming into force of the
present Treaty a new convention regulating international radio-telegraphic
communications should have been concluded to take the place of the Convention of
July 5,1912, this new convention shall bind Germany, even if Germany should
refuse either to take part in drawing up the convention, or to subscribe
thereto.
This new
convention will likewise replace the provisional regulations in force.
ARTICLE 285.
From the coming into force of the present Treaty, the
High Contracting Parties shall apply in so far as concerns them and under the
conditions stipulated in Article 272, the conventions hereinafter mentioned:
(1) The Conventions of May 6, 1882, and February 1,
1889, regulating the fisheries in the North Sea outside territorial waters.
(2) The Conventions and Protocols of November 16, 1887,
February 14, 1893, and April 11, 1894, regarding the North Sea liquor traffic.
ARTICLE 286.
The International Convention of Paris of March 20,
1883, for the protection of industrial property, revised at Washington on June
2, 1911; and the International Convention of Berne of September 9,1886, for the
protection of literary and artistic works, revised at Berlin on November 13,
1908, and completed by the additional Protocol signed at Berne on March 20,
1914, will again come into effect as from the coming into force of the present
Treaty, in so far as they are not affected or modified by the exceptions and
restrictions resulting therefrom.
ARTICLE 287.
From the coming into force of the present Treaty the
High Contracting Parties shall apply, in so far as concerns them, the Convention
of the Hague of July 17, 1905, relating to civil procedure. This renewal,
however, will not apply to France, Portugal and Roumania.
ARTICLE 288.
The special rights and privileges granted to Germany by
Article 3 of the Convention of December 2,1899, relating to Samoa shall be
considered to have terminated on August 4,1914.
ARTICLE 289.
Each of the Allied or Associated Powers, being guided
by the general principles or special provisions of the present Treaty, shall
notify to Germany the bilateral treaties or conventions which such Allied or
Associated Power wishes to revive with Germany.
The notification referred to in the present Article
shall be made either directly or through the intermediary of another Power.
Receipt thereof shall be acknowledged in writing by Germany. The date of the
revival shall be that of the notification.
The Allied and Associated Powers undertake among
themselves not to revive with Germany any conventions or treaties which are not
in accordance with the terms of the present Treaty.
The notification shall mention any provisions of the
said conventions and treaties which, not being in accordance with the terms of
the present Treaty, shall not be considered as revived.
In case of any difference of opinion, the League of
Nations will be called on to decide.
A period of six months from the coming into force of
the present Treaty is allowed to the Allied and Associated Powers within which
to make the notification.
Only those bilateral treaties and conventions which
have been the subject of such a notification shall be revived between the Allied
and Associated Powers and Germany; all the others are and shall remain
abrogated.
The above regulations apply to all bilateral treaties
or conventions existing between all the Allied and Associated Powers signatories
to the present Treaty and Germany, even if the said Allied and Associated Powers
have not been in a state of war with Germany.
ARTICLE 290.
Germany recognises that all the treaties, conventions
or agreements which she has concluded with Austria, Hungary, Bulgaria or Turkey
since August 1,1914, until the coming into force of the present Treaty are and
remain abrogated by the present Treaty.
ARTICLE 291.
Germany undertakes to secure to the Allied and
Associated Powers, and to the officials and nationals of the said Powers, the
enjoyment of all the rights and advantages of any kind which she may have
granted to Austria, Hungary, Bulgaria or Turkey, or to the officials and
nationals of these States by treaties, conventions or arrangements concluded
before August 1, 1914, so long as those treaties, conventions or arrangements
remain in force.
The Allied and Associated Powers reserve the right to
accept or not the enjoyment of these rights and advantages.
ARTICLE 292.
Germany recognises that all treaties, conventions or
arrangements which she concluded with Russia, or with any State or Government of
which the territory previously formed a part of Russia, or with Roumania, before
August 1, 1914, or after that date until coming into force of the present
Treaty, are and remain abrogated.
ARTICLE 293.
Should an Allied or Associated Power, Russia, or a
State or Government of which the territory formerly constituted a part of
Russia, have been forced since August 1, 1914, by reason of military occupation
or by any other means or for any other cause, to grant or to allow to be granted
by the act of any public authority, concessions, privileges and favours of any
kind to Germany or to a German national, such concessions, privileges and
favours are ipso facto annulled by the present Treaty.
No claims or indemnities which may result from this
annulment hall be charged against the Allied or Associated Powers or the Powers,
States, Governments or public authorities which are released from their
engagements by the present Article.
ARTICLE 294.
From the coming into force of the present Treaty
Germany undertakes to give the Allied and Associated Powers and their nationals
the benefit ipso facto of the rights and advantages of any kind which she has
granted by treaties, conventions, or arrangements to nonbelligerent States or
their nationals since August 1,1914, until the coming into force of the present
Treaty, so long as those treaties, conventions or arrangements remain in force.
ARTICLE 295.
Those of the High Contracting Parties who have not yet
signed, or who have signed but not yet ratified, the Opium Convention signed at
The Hague on January 23, 1912, agree to bring the said Convention into force,
and for this purpose to enact the necessary legislation without delay and in any
case within a period of twelve months from the coming into force of the present
Treaty.
Furthermore, they agree that ratification of the
present Treaty should in the case of Powers which have not yet ratified the
Opium Convention be deemed in all respects equivalent to the ratification of
that Convention and to the signature of the Special Protocol which was opened at
The Hague in accordance with the resolutions adopted by the Third Opium
Conference in 1914 for bringing the said Convention into force.
For this purpose the Government of the French Republic
will communicate to the Government of the Netherlands a certified copy of the
protocol of the deposit of ratifications of the present Treaty, and will invite
the Government of the Netherlands to accept and deposit the said certified copy
as if it were a deposit of ratifications of the Opium Convention and a signature
of the Additional Protocol of 1914.
SECTION III.
DEBTS.
ARTICLE 296.
There shall be settled through the intervention of
clearing offices to be established by each of the High Contracting Parties
within three months of the notification referred to in paragraph (e) hereafter
the following classes of pecuniary obligations:
(1) Debts payable before the war and due by a national
of one of the Contracting Powers, residing within its territory, to a national
of an Opposing Power, residing within its territory;
(2) Debts which became payable during the war to
nationals of one Contracting Power residing within its territory and arose out
of transactions or contracts with the nationals of an Opposing Power, resident
within its territory, of which the total or partial execution was suspended on
account of the declaration of war;
(3) Interest which has accrued due before and during
the war to a national of one of the Contracting Powers in respect of securities
issued by an Opposing Power, provided that the payment of interest on such
securities to the nationals of that Power or to neutrals has not been suspended
during the war;
(4) Capital sums which have become payable before and
during the war to nationals of one of the Contracting Powers in respect of
securities issued by one of the Opposing Powers, provided that the payment of
such capital sums to nationals of that Power or to neutrals has not been
suspended during the war.
The proceeds of liquidation of enemy property, rights
and interests mentioned in Section IV and in the Annex thereto will be accounted
for through the Clearing Offices, in the currency and at the rate of exchange
hereinafter provided in paragraph (d), and disposed of by them under the
conditions provided by the said Section and Annex.
The settlements provided for in this Article shall be
effected according to the following principles and in accordance with the Annex
to this Section:
(a) Each of the High Contracting Parties shall
prohibit, as from the coming into force of the present Treaty, both the payment
and the acceptance of payment of such debts, and also all communications between the interested parties
with regard to the settlement of the said debts otherwise than through the
Clearing Offices;
(b) Each of the High Contracting Parties shall be
respectively responsible for the payment of such debts due by its nationals,
except in the cases where before the war the debtor was in a state of bankruptcy
or failure, or had given formal indication of insolvency or where the debt was
due by a company whose business has been liquidated under emergency legislation
during the war. Nevertheless, debts due by the inhabitants of territory invaded
or occupied by the enemy before the Armistice will not be guaranteed by the
States of which those territories form part;
(c) The sums due to the nationals of one of the High
Contracting Parties by the nationals of an Opposing State will be debited to the
Clearing Office of the country of the debtor, and paid to the creditor by the
Clearing Office of the country of the creditor;
(d) Debts shall be paid or credited in the currency of
such one of the Allied and Associated Powers, their colonies or protectorates,
or the British Dominions or India, as may be concerned. If the debts are payable
in some other currency they shall be paid or credited in the currency of the
country concerned, whether an Allied or Associated Power, Colony, Protectorate,
British Dominion or India, at the pre-war rate of exchange.
For the purpose of this provision the pre-war rate of
exchange shall be defined as the average cable transfer rate prevailing in the
Allied or Associated country concerned during the month immediately preceding
the outbreak of war between the said country concerned and Germany.
If a contract provides for a fixed rate of exchange
governing the conversion of the currency in which the debt is stated into the
currency of the Allied or Associated country concerned, then the above
provisions concerning the rate of exchange shall not apply.
In the case of new States the currency in which and the
rate of exchange at which debts shall be paid or credited shall be determined by
the Reparation Commission provided for in Part VET (Reparation);
(e) The provisions of this Article and of the Annex
hereto shall not apply as between Germany on the one hand and any one of the
Allied and Associated Powers, their colonies or protectorates, or any one of the
British Dominions or India on the other hand, unless within a period of one
month from the deposit of the ratification of the present Treaty by the Power in
question, or of the ratification on behalf of such Dominion or of India, notice
to that effect is given to Germany by the Government of such Allied or
Associated Power or of such Dominion or of India as the case may be;
(f) The Allied and Associated Powers who have adopted
this Article and the Annex hereto may agree between themselves to apply them to
their respective nationals established in their territory so far as regards
matters between their nationals and German nationals. In this case the payments
made by application of this provision will be subject to arrangements between
the Allied and Associated Clearing Offices concerned.
ANNEX.
1.
Each of the High Contracting Parties will, within three
months from the notification provided for in Article 296, paragraph (e)
establish a Clearing Office for the collection and payment of enemy debts.
Local Clearing Offices may be established for any
particular portion of the territories of the High Contracting Parties. Such
local Clearing Offices may perform all the functions of a central Clearing
Office in their respective districts, except that all transactions with the
Clearing Office in the Opposing State must be effected through the central
Clearing Office.
2.
In this Annex the pecuniary obligations referred to in
the first paragraph of Article 296 are described "as enemy debts", the
persons from whom the same are due as "enemy debtors", the persons to
whom they are due as "enemy creditors", the Clearing Office in the
country of the creditor is called the "Creditor Clearing Office", and
the Clearing Office in the country of the debtor is called the "Debtor
Clearing Office."
3.
The High Contracting Parties will subject
contraventions of paragraph (a) of Article 296 to the same penalties as are at
present provided by their legislation for trading with the enemy. They will
similarly prohibit within their territory all legal process relating to payment
of enemy debts, except in accordance with the provisions of this Annex.
4.
The Government guarantee specified in paragraph (b) of
Article 296 shall take effect whenever, for any reason, a debt shall not be
recoverable, except in a case where at the date of the outbreak of war the debt
was barred by the laws of prescription in force in the country of the debtor, or
where the debtor was at that time in a state of bankruptcy or failure or had
given formal indication of insolvency, or where the debt was due by a company
whose business has been liquidated under emergency legislation during the war.
In such case the procedure specified by this Annex shall apply to payment of the
dividends.
The terms "bankruptcy" and
"failure" refer to the application of legislation providing for such
juridical conditions. The expression "formal indication of insolvency"
bears the same meaning as it has in English law.
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
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 monthly and the credit balance paid in cash by the debtor State within a
week
Nevertheless, any credit balances which may be due by
one or more of the Allied and Associated Powers shall be retained until complete
payment shall have been effected of the sums due to the Allied or Associated
Powers or their nationals on account of the war.
12.
To facilitate discussion between the Clearing Offices
each of them shall have a representative at the place where the other is
established.
13.
Except for special reasons all discussions in regard to
claims will, so far as possible, take place at the Debtor Clearing Office.
14
In conformity with Article 296, paragraph (b), the High
Contracting Parties are responsible for the payment of the enemy debts owing by
their nationals.
The Debtor Clearing Office will therefore credit the
Creditor Clearing Office with all debts admitted, even in case of inability to
collect them from the individual
debtor. The Governments concerned will, nevertheless, invest their respective
Clearing Offices with all necessary powers for the recovery of debts which have
been admitted.
As an exception, the admitted debts owing by persons
having suffered injury from acts of war shall only be credited to the Creditor
Clearing Office when the compensation due to the person concerned in respect of
such injury shall have been paid.
15.
Each Government will defray the expenses of the
Clearing Office set up in its territory, including the salaries of the staff.
16.
Where the two Clearing Offices are unable to agree
whether a debt claimed is due, or in case of a difference between an enemy
debtor and an enemy creditor or between the Clearing Offices, the dispute shall
either be referred to arbitration if the parties so agree under conditions fixed
by agreement between them, or referred to the Mixed Arbitral Tribunal provided
for in Section VI hereafter.
At the request of the Creditor Clearing Office the
dispute may, however, be submitted to the jurisdiction of the Courts of the
place of domicile of the debtor.
17.
Recovery of sums found by the Mked 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 Mked Arbitral Tribunal
of the cases conducted on behalf of its Clearing Office. This agent will
exercise a general control over the representatives or counsel employed by its
nationals.
Decisions will be arrived at on documentary evidence,
but it will be open to the Tribunal to hear the parties in person, or according
to their preference by their representatives approved by the two Governments, or
by the agent referred to above, who shall be competent to intervene along with
the party or to reopen and maintain a claim abandoned by the same.
19.
The Clearing Offices concerned will lay before the
Mixed Arbitral Tribunal all the information and documents in their possession,
so as to enable the Tribunal to decide rapidly on the cases which are brought
before it.
20.
Where one of the parties concerned appeals against the
joint decision of the two Clearing Offices he shall make a deposit against the
costs, which deposit shall only be refunded when the first judgment is modified
in favour of the appellant and in proportion to the success he may attain, his
opponent in case of such a refund being required to pay an equivalent proportion
of the costs and expenses. Security accepted by the Tribunal may be substituted
for a deposit.
A fee of 5 per cent, of the amount in dispute shall be
charged in respect of all cases brought before the Tribunal. This fee shall,
unless the Tribunal directs otherwise, be borne by the unsuccessful party. Such
fee shall be added to the deposit referred to. It is also independent of the
security.
The Tribunal may award to one of the parties a sum in
respect of the expenses of the proceedings.
Any sum payable under this paragraph shall be credited
to the Clearing Office of the successful party as a separate item.
21.
With a view to the rapid settlement of claims, due
regard shall be paid in the appointment of all persons connected with the
Clearing Offices or with the Mixed Arbitral Tribunal to their knowledge of the
language of the other country concerned.
Each of the Clearing Offices will be at liberty to
correspond with the other and to forward documents in its own language.
22.
Subject to any special agreement to the contrary
between the Governments concerned, debts shall carry interest in accordance with
the following provisions:
Interest shall not be payable on sums of money due by
way of dividend, interest or other periodical payments which themselves
represent interest on capital.
The rate of interest shall be 5 per cent, per annum
except in cases where, by contract, law or custom, the creditor is entitled to
payment of interest at a different rate. In such cases the rate to which he is
entitled shall prevail.
Interest shall run from the date of commencement of
hostilities (or, if the sum of money to be recovered fell due during the war,
from the date at which it fell due) until the sum is credited to the Clearing
Office of the creditor.
Sums due by way of interest shall be treated as debts
admitted by the Clearing Offices and shall be credited to the Creditor Clearing
Office in the same way as such debts.
23.
Where by decision of the Clearing Offices or the Mixed
Arbitral Tribunal a claim is held not to fall within Article 296, the creditor
shall be at liberty to prosecute the claim before the Courts or to take such
other proceedings as may be open to him.
The presentation of a claim to the Clearing Office
suspends the operation of any period of prescription.
24.
The High Contracting Parties agree to regard the
decisions of the Mixed Arbitral Tribunal as final and conclusive, and to render
them binding upon their nationals.
25.
In any case where a Creditor Clearing Office declines
to notify a claim to the Debtor Clearing Office, or to take any step provided
for in this Annex, intended to make effective in whole or in part a request of
which it has received due notice, the enemy creditor shall be entitled to
receive from the Clearing Office a certificate setting out the amount of the
claim, and shall then be entitled to prosecute the claim before the courts or to
take such other proceedings as may be open to him.
SECTION IV.
PROPERTY, RIGHTS AND INTERESTS.
ARTICLE 297.
The question of private property, rights and interests
in an enemy country shall be settled according to the principles laid down in
this Section and to the provisions of the Annex hereto.
(a) The exceptional war measures and measures of
transfer (defined in paragraph 3 of the Annex hereto) taken by Germany with
respect to the property, rights and interests of nationals of Allied or
Associated Powers, including companies and associations in which they are
interested, when liquidation has not been
completed, shall be immediately discontinued or stayed and the property,
rights and interests concerned restored to their owners, who shall enjoy full
rights therein in accordance with the provisions of Article 298.
(b) Subject to any contrary stipulations which may be
provided for in the present Treaty, the Allied and Associated Powers reserve the
right to retain and liquidate all property, rights and interests belonging at
the date of the coming into force of the present Treaty to German nationals, or
companies controlled by them, within their territories, colonies, possessions
and protectorates including territories ceded to them by the present Treaty.
The liquidation shall be carried out in accordance with
the laws of the Allied or Associated State concerned, and the German manowners
shall not be able to dispose of such property, rights or interests nor to
subject them to any charge without the consent of that State.
German nationals who acquire ipso facto the nationality
of an Allied or Associated Power in accordance with the provisions of the
present Treaty will not be considered as German nationals within the meaning of
this paragraph.
(c) The price or the amount of compensation in respect
of the exercise of the right referred to in the preceding paragraph (b) will be
fixed in accordance with the methods of sale or valuation adopted by the laws of
the country in which the property has been retained or liquidated.
(d) As between the Allied and Associated Powers or
their nationals on the one hand and Germany or her nationals on the other hand,
all the exceptional war measures, or measures of transfer, or acts done or to be
done in execution of such measures as defined in paragraphs 1 and 3 of the Annex
hereto shall be considered as final and binding upon all persons except as
regards the reservations laid down in the present Treaty.
(e) The nationals of Allied and Associated Powers shall
be entitled to compensation in respect of damage or injury inflicted upon their
property, rights or interests, including any company or association in which
they are interested, in German territory as it existed on August 1, 1914, by the
application either of the exceptional war measures or measures of transfer
mentioned in paragraphs 1 and 3 of the Annex hereto. The claims made in this
respect by such nationals shall be investigated, and the total of the
compensation shall be determined by the Mixed Arbitral Tribunal provided for in
Section VI or by an Arbitrator appointed by that Tribunal. This compensation
shall be borne by Germany, and may be charged upon the property of German
nationals within the territory or under
the control of the claimant's State. This property may
be constituted as a pledge for enemy liabilities under the conditions fixed by
paragraph 4 of the Annex hereto. The payment of this compensation may be made by
the Allied or Associated State, and the amount will be debited to Germany.
(f) Whenever a national of an Allied or Associated
Power is entitled to property which has been subjected to a measure of transfer
in German territory and
expresses a desire for its restitution, his claim for compensation in
accordance with paragraph (6) shall be satisfied by the restitution of the said
property if it still exists in specie.
In such case Germany shall take all necessary steps to
restore the evicted owner to the possession of his property, free from all
encumbrances or burdens with which it may have been charged after the
liquidation, and to indemnify all third parties injured by the restitution.
If the restitution provided for in this paragraph
cannot be effected, private agreements arranged by the intermediation of the
Powers concerned or the Clearing Offices provided for in the Annex to Section HI
may be made, in order to secure that the national of the Allied or Associated
Power may secure compensation for the injury referred to in paragraph (e) by the
grant of advantages or equivalents which he agrees to accept in place of the
property, rights or interests of which he was deprived.
Through restitution in accordance with this Article,
the price or the amount of compensation fixed by the application of paragraph
(e) will be reduced by the actual value of the property restored, account being
taken of compensation in respect of loss of use or deterioration.
(g) The rights conferred by paragraph (f) are reserved
to owners who are nationals of Allied or Associated Powers within whose
territory legislative measures prescribing the general liquidation of enemy
property, rights or interests were not applied before the signature of the
Armistice.
(h) Except in cases where, by application of paragraph
(f), restitutions in specie have been made, the net proceeds of sales of enemy
property, rights or interests wherever situated carried out either by virtue of
war legislation, or by application of this Article, and in general all cash
assets of enemies, shall be dealt with as follows:
(1) As regards Powers adopting Section HI and the Annex
thereto, the said proceeds and cash assets shall be credited to the Power of
which the owner is a national, through the Clearing Office established
thereunder; any credit balance in favour of Germany resulting therefrom shall be
dealt with as provided in Article 243.
(2) As regards Powers not adopting Section HI and the
Annex thereto, the proceeds of the property, rights and interests, and the cash
assets, of the nationals of Allied or Associated Powers held by Germany shall be
paid immediately to the person entitled thereto or to his Government; the
proceeds of the property, rights and interests, and the cash assets, of German
nationals received by an Allied or Associated Power shall be subject to disposal
by such Power in accordance with its laws and regulations and may be applied in
payment of the claims and debts defined by this Article or paragraph 4 of the
Annex hereto. Any property, rights and interests or proceeds thereof or cash
assets not used as above provided may be retained by the said Allied or
Associated Power and if
retained the cash value thereof shall be dealt with as provided in Article 243.
In the case of liquidations effected in new States,
which are signatories of the present Treaty as Allied and Associated Powers, or
in States which are not entitled to share in the reparation payments to be made
by Germany, the proceeds of liquidations effected by such States shall, subject
to the rights of the Reparation Commission under the present Treaty,
particularly under Articles 235 and 260, be paid direct to the owner. If on the
application of that owner, the Mixed Arbitral Tribunal, provided for by Section
VI of this Part, or an arbitrator appointed by that Tribunal is satisfied that
the conditions of the sale or measures taken by the Government of the State in
question outside its general legislation were unfairly prejudicial to the price
obtained, they shall have discretion to award to the owner equitable
compensation to be paid by that State.
(i) Germany undertakes to compensate her nationals in
respect of the sale or retention of their property, rights or interests in
Allied or Associated States.
(j) The amount of all taxes and imposts upon capital
levied or to be levied by Germany on the property, rights and interests of the
nationals of the Allied or Associated Powers from November 11,1918, until three
months from the coming into force of the present Treaty, or, in the case of
property, rights or interests which have been subjected to exceptional measures
of war, until restitution in accordance with the present Treaty, shall be
restored to the owners.
ARTICLE 298.
Germany undertakes, with regard to the property, rights
and interests, including companies and associations in which they were
interested, restored to nationals of Allied and Associated Powers in accordance
with the provisions of Article 297, paragraph (a) or (f):
(a) to restore and maintain, except as expressly
provided in the present Treaty, the property, rights and interests of the
nationals of Allied or Associated Powers in the legal position obtaining in
respect of the property, rights and interests of German nationals under the laws
in force before the war;
(b) not to subject the property, rights or interests of
the nationals of the Allied or Associated Powers to any measures in derogation
of property rights which are not applied equally to the property, rights and
interests of German nationals, and to pay adequate compensation in the event of
the application of these measures.
ANNEX.
1.
In accordance with the provisions of Article 297
paragraph (d), the validity of vesting orders and of orders for the winding up
of businesses or companies, and of any other orders, directions, decisions or
instructions of any court or any department of the Government of any of the High
Contracting Parties made or given, or purporting to be made or given, in
pursuance of war legislation with regard to enemy property, rights and interests
is confirmed. The interests of all persons shall be regarded as having been
effectively dealt with by any order, direction, decision or instruction dealing
with property in which they may be interested, whether or not such interests are
specifically mentioned in the order, direction, decision, or instruction. No
question shall be raised as to the regularity of a transfer of any property,
rights or interests dealt with in pursuance of any such order, direction,
decision or instruction. Every action taken with regard to any property,
business, or company, whether as regards its investigation, sequestration,
compulsory administration, use, requisition, supervision, or winding up, the
sale or management of property, rights or interests, the collection or discharge
of debts, the payment of costs, charges or expenses, or any other matter
whatsoever, in pursuance of orders, directions, decisions, or instructions of
any court or of any department of the Government of any of the High Contracting
Parties, made or given, or purporting to be made or given, in pursuance of war
legislation with regard to enemy property, rights or interests, is confirmed.
Provided that the provisions of this paragraph shall not be held to prejudice
the titles to property heretofore acquired in good faith and for value and in
accordance with the laws of the country in which the property is situated by
nationals of the Allied and Associated Powers.
The provisions of this paragraph do not apply to such
of the above-mentioned measures as have been taken by the German authorities in
invaded or occupied territory, nor to such of the above mentioned measures as
have been taken by Germany or the German authorities since November 11, 1918,
all of which shall be void.
2.
No claim or action shall be made or brought against any
Allied or Associated Power or against any person acting on behalf of or under
the direction of any legal authority or Department of the Government of such a
Power by Germany or by any German national wherever resident in respect of any
act or omission with regard to his property, rights or interests during the war
or in preparation for the war. Similarly no claim or action shall be made or
brought against any person in respect of any act or omission under or in
accordance with the exceptional war measures, laws or regulations of any Allied
or Associated Power.
3.
In Article 297 and this Annex the expression
"exceptional war measures" includes measures of all kinds, legislative
administrative, judicial or others, that have been taken or will be taken
hereafter with regard to enemy property, and which have had or will have the
effect of removing from the proprietors the power of disposition over their
property, though without affecting the ownership, such as
measures
of supervision, of compulsory administration, and of sequestration; or measures
which have had or will have as an object the seizure of, the use of, or the
interference with enemy assets, for whatsoever motive, under whatsoever form or
in whatsoever place. Acts in the-execution of these measures include all
detentions, instructions, orders or decrees of Government departments or courts
applying these measures to enemy property, as well as acts performed by any
person connected with the administration or the supervision of enemy property,
such as the payment of debts, the collecting of credits, the payment of any
costs, charges or expenses, or the collecting of fees.
Measures of transfer are those which have affected or
will affect the ownership of enemy property by transferring it in whole or in
part to a person other than the enemy owner, and without his consent, such as
measures directing the sale, liquidation, or devolution of ownership in enemy
property, or the cancelling of titles or securities.
4.
All property, rights and interests of German nationals
within the territory of any Allied or Associated Power and the net proceeds of
their sale, liquidation or other dealing therewith may be charged by that Allied
or Associated Power in the first place with payment of amounts due in respect of
claims by the nationals of that Allied or Associated Power with regard to their
property, rights and interests, including companies and associations in which
they are interested, in German territory, or debts owing to them by German
nationals, and with payment of claims growing out of acts committed by the
German Government or by any German authorities since July 31, 1914, and before
that Allied or Associated Power entered into the war. The amount of such claims
may be assessed by an arbitrator appointed by Mr. Gustave Ador, if he is
willing, or if no such appointment is made by him, by an arbitrator appointed by
the Mixed Arbitral Tribunal provided for in Section VI. They may be charged in
the second place with payment of the amounts due in respect of claims by the
nationals of such Allied or Associated Power with regard to their property,
rights and interests in the territory of other enemy Powers, in so far as those
claims are otherwise unsatisfied.
5.
Notwithstanding the provisions of Article 297, where
immediately before the outbreak of war a company incorporated in an Allied or
Associated State had rights in common with a company controlled by it and
incorporated in Germany to the use of trademarks in third countries, or enjoyed
the use in common with such company of unique means of reproduction of goods or
articles for sale in third countries, the former company shall alone have the
right to use these trade-marks in third countries to the exclusion of the German
company, and these unique means of reproduction shall be handed over to the
former company, notwithstanding any action taken under German war legislation
with regard to the latter company or its business, industrial property or
shares. Nevertheless, the former company, if requested, shall deliver the latter
company derivative copies permitting the continuation of reproduction of
articles for use within German territory.
6.
Up to the time when restitution is carried out in
accordance with Article 297, Germany is responsible for the conservation of
property, rights and interests of the nationals of Allied or Associated Powers,
including companies and associations in which they are interested, that have
been subjected by her to exceptional war measures.
7
Within one year from the coming into force of the
present Treaty the Allied or Associated Powers will specify the property, rights
and interests over which they intend to exercise the right provided in Article
297, paragraph (f).
8.
The restitution provided in Article 297 will be carried
out by order of the German Government or of the authorities which have been
substituted for it. Detailed accounts of the action of administrators shall be
furnished to the interested persons by the German authorities upon request,
which may be made at any time after the coming into force of the present Treaty.
9.
Until completion of the liquidation provided for by
Article 297, paragraph (b), the property, rights and interests of German
nationals will continue to be subject to exceptional war measures that have been
or will be taken with regard to them.
10.
Germany will, within six months from the coming into
force of the present Treaty, deliver to each Allied or Associated Power all
securities, certificates, deeds, or other documents of title held by its
nationals and relating to property, rights or interests situated in the
territory of that Allied or Associated Power, including any shares, stock,
debentures, debenture stock, or other obligations of any company incorporated in
accordance with the laws of that Power.
Germany will at any time on demand of any Allied or
Associated Power furnish such information as may be required with regard to the
property, rights and interests of German nationals within the territory of such
Allied or Associated Power, or with regard to any transactions concerning such
property, rights or interests effected since July 1,1914.
11.
The expression "cash assets" includes all
deposits or funds established before or after the declaration of war, as well as
all assets coming from deposits, revenues, or profits collected by
administrators, sequestrators, or others from
funds placed on deposit or otherwise, but does
not include sums belonging to the Allied or Associated Powers or to their
component States, Provinces, or Municipalities.
12.
All investments wheresoever effected with the cash
assets of nationals of the High Contracting Parties, including companies and
associations in which such nationals were interested, by persons responsible for
the administration of enemy properties or having control over such
administration, or by order of such persons or of any authority whatsoever shall
be annulled. These cash assets shall be accounted for irrespective of any such
investment.
13.
Within one month from the coming into force of the
present Treaty, or on demand at any time, Germany will deliver to the Allied and
Associated Powers all accounts, vouchers, records, documents and information of
any kind which may be within German territory, and which concern the property,
rights and interests of the nationals of those Powers, including companies and
associations in which they are interested, that have been subjected to an
exceptional war measure, or to a measure of transfer either in German territory
or in territory occupied by Germany or her allies.
The controllers, supervisors, managers, administrators,
sequestrators, liquidators and receivers shall be personally responsible under
guarantee of the German Government for the immediate delivery in full of these
accounts and documents, and for their accuracy.
14.
The provisions of Article 297 and this Annex relating
to property, rights and interests in an enemy country, and the proceeds of the
liquidation thereof, apply to debts, credits and accounts, Section HI regulating
only the method of payment.
In the settlement of matters provided for in Article
297 between Germany and the Allied or Associated States, their colonies or
protectorates, or any one of the British Dominions or India, in respect of any
of which a declaration shall not have been made that they adopt Section ffl, and
between their respective nationals, the provisions of Section HI respecting the
currency in which payment is to be made and the rate of exchange and of interest
shall apply unless the Government of the Allied or Associated Power concerned
shall within six months of the coming into force of the present Treaty notify
Germany that the said provisions are not to be applied.
15.
The provisions of Article 297 and this Annex apply to
industrial, literary and artistic property which has been or will be dealt with
in the liquidation of property, rights, interests, companies or businesses under
war legislation by the Allied or Associated Powers, or in accordance with the
stipulations of Article 297, paragraph (b).
SECTION V.
CONTRACTS, PRESCRIPTIONS, JUDGMENTS.
ARTICLE 299.
(a) Any contract concluded between enemies shall be
regarded as having been dissolved as from the time when any two of the parties
became enemies, except in respect of any debt or other pecuniary obligation
arising out of any act done or money paid thereunder, and subject to the
exceptions and special rules with regard to particular contracts or classes of
contracts contained herein or in the Annex hereto.
(b) Any contract of which the execution shall be
required in the general interest, within six months from the date of the coming
into force of the present Treaty, by the Allied or Associated Governments of
which one of the parties is a national, shall be excepted from dissolution under
this Article.
When the execution of the contract thus kept alive
would owing to the alteration of trade conditions, cause one of the parties
substantial prejudice the Mixed Arbitral Tribunal provided for by Section VI
shall be empowered to grant to the prejudiced party equitable compensation.
(c) Having regard to the provisions of the constitution
and law of the United States of America, of Brazil, and of Japan, neither the
present Article, nor Article 300, nor the Annex hereto shall apply to contracts
made between nationals of these States and German nationals; nor shall Article
305 apply to the United States of America or its nationals.
(d) The present Article and the annex hereto shall not
apply to contracts the parties to which became enemies by reason of one of them
being an inhabitant of territory of which the sovereignty has been transferred,
if such party shall acquire under the present Treaty the nationality of an
Allied or Associated Power, nor shall they apply to contracts between nationals
of the Allied and Associated Powers between whom trading has been prohibited by
reason of one of the parties being in Allied or Associated territory in the
occupation of the
enemy.
(e) Nothing in the present Article or the annex hereto
shall be deemed to invalidate a transaction lawfully carried out in accordance
with a contract between enemies if it has been carried out with the authority of
one of the belligerent Powers.
ARTICLE 300.
(a) All periods of prescription, or limitation of right
of action, whether they began to run before or after the outbreak of war, shall
be treated in the territory of the High Contracting Parties, so far as regards
relations between enemies, as having been suspended for the duration of the war.
They shall begin to run again at earliest three months after the coming into
force of the present Treaty. This provision shall apply to the period prescribed
for the presentation of interest or dividend coupons or for the presentation for
repayment of securities drawn for repayment or repayable on any other ground.
(b) Where, on account of failure to perform any act or
comply with any formality during the war, measures of execution have been taken
in German territory to the prejudice of a national of an Allied or Associated
Power, the claim of such national shall, if the matter does not fall within the
competence of the Courts
of an Allied or Associated Power, be heard by the Mixed
Arbitral Tribunal provided for by Section VI.
(c) Upon the application of any interested person who
is a national of an Allied or Associated Power the Mixed Arbitral Tribunal shall
order the restoration of the rights which have been prejudiced by the measures
of execution referred to in paragraph (b), wherever, having regard to the
particular circumstances of the case, such restoration is equitable and
possible.
If such restoration is inequitable or impossible the
Mixed Arbitral Tribunal may grant compensation to the prejudiced party to be
paid by the German Government.
(d) Where a contract between enemies has been dissolved
by reason either of failure on the part of either party to carry out its
provisions or of the exercise of a right stipulated in the contract itself the
party prejudiced may apply to the Mixed Arbitral Tribunal for relief. The
Tribunal will have the powers provided for in paragraph (c.)
(e) The provisions of the preceding paragraphs of this
Article shall apply to the nationals of Allied and Associated Powers who have
been prejudiced by reason of measures referred to above taken by Germany in
invaded or occupied territory, if they have not been otherwise compensated.
(f) Germany shall compensate any third party who may be
prejudiced by any restitution or restoration ordered by the Mixed Arbitral
Tribunal under the provisions of the preceding paragraphs of this Article.
(g) As regards negotiable instruments, the period of
three months provided under paragraph (a) shall commence as from the date on
which any exceptional regulations applied in the territories of the interested
Power with regard to negotiable instruments shall have definitely ceased to have
force.
ARTICLE 301.
As between enemies no negotiable instrument made before
the war shall be deemed to have become invalid by reason only of failure within
the required time to present the instrument for acceptance or payment or to give
notice of non-acceptance or nonpayment to drawers or indorsers or to protest the
instrument, nor by reason of failure to complete any formality during the war.
Where the period within which a negotiable instrument
should have been presented for acceptance or for payment, or within which notice
of non-acceptance or non-payment should have been given to the drawer or
indorser, or within which the instrument should have been protested, has elapsed
during the war, and the party who should have presented or protested the
instrument or have given notice of non-acceptance or non-payment has failed to
do so during the war, a period of not less than three months from the coming
into force of the present Treaty shall be allowed within which presentation,
notice of non-acceptance or nonpayment or protest may be made.
ARTICLE 302.
Judgments given by the Courts of an Allied or
Associated Power in all cases which, under the present Treaty, they are
competent to decide, shall be recognised in Germany as final, and shall be
enforced without it being necessary to have them declared executory.
If a judgment in respect to any dispute which may have
arisen has been given during the war by a German Court against a national of an
Allied or Associated State in a case in which he was not able to make his
defence, the Allied and Associated national who has suffered prejudice thereby
shall be entitled to recover compensation, to be fixed by the Mixed Arbitral
Tribunal provided for in Section VI.
At the instance of the national of the Allied or
Associated Power the
compensation above-mentioned may, upon order to that
effect of the Mixed Arbitral
Tribunal, be effected where it is possible by replacing
the parties in the
situation which they occupied before the judgment was
given by the German Court.
The above compensation may likewise be obtained before
the Mixed Arbitral Tribunal by the nationals of Allied or Associated Powers who
have suffered prejudice by judicial measures taken in invaded or occupied
territories, if they have not been otherwise compensated.
ARTICLE 303.
For the purpose of Sections HI, IV, V and VII, the
expression "during the war" means for each Allied or Associated Power
the period between the commencement of the state of war between that Power and
Germany and the coming into force of the present Treaty.
ANNEX.
I. General Provisions. 1.
Within the meaning of Articles 299, 300 and 301, the
parties to a contract shall be regarded as enemies when trading between them
shall have been prohibited by or otherwise became unlawful under laws, orders or
regulations to which one of those parties was subject. They shall be deemed to
have become enemies from the date when such trading was prohibited or otherwise
became unlawful.
2.
The following classes of contracts are excepted from
dissolution by Article 299 and, without prejudice to the rights contained in
Article 297 (b) of Section IV, remain in force subject to the application of
domestic laws, orders or regulations made during the war by the Allied and
Associated Powers and subject to the terms of the contracts:
(a) Contracts having for their object the transfer of
estates or of real or personal property where the property therein had passed or
the object had been delivered before the parties became enemies;
(b) Leases and agreements for leases of land and houses
(c) Contracts of mortgage, pledge or lien;
(d) Concessions concerning mines, quarries or deposits;
(e) Contracts between individuals or companies and
States provinces, municipalities, or other similar juridical persons charged
with administrative functions, and concessions granted by States, provinces,
municipalities, or other similar juridical persons charged with administrative
functions.
3.
If the provisions of a contract are in part dissolved
under Article 299, the remaining provisions of that contract shall, subject to
the same application of domestic laws as is provided for in paragraph 2,
continue in force if they are severable, but where they are not severable the
contract shall be deemed to have been dissolved in its entirety.
n. Provisions relating to certain classes of Contracts.
Stock Exchange and Commercial Exchange Contracts. 4.
(a) Rules made during the war by any recognised
Exchange or Commercial Association providing for the closure of contracts
entered into before the war by an enemy are confirmed by the High Contracting
Parties, as also any action taken thereunder, provided:
(1) That the contract was expressed to be made subject
to the rules of the Exchange or Association in question;
(2) That the rules applied to all persons concerned;
(3) That the conditions attaching to the closure were
fair and reasonable.
(b) The preceding paragraph shall not apply to rules
made during the occupation by Exchanges or Commercial Associations in the
districts occupied by the enemy.
(c) The closure of contracts relating to cotton
"futures", which were closed as on July 31,1914, under the decision of
the Liverpool Cotton Association, is also confirmed.
Security. 5.
The sale of a security held for an unpaid debt owing by
an enemy shall be deemed to have been valid irrespective of notice to the owner
if the creditor acted in good faith and with reasonable care and prudence, and
no claim by the debtor on the ground of such sale shall be admitted.
This stipulation shall not apply to any sale of
securities effected by an enemy during the occupation in regions invaded or
occupied by the enemy.
Negotiable Instruments. 6.
As regards Powers which adopt Section HI and the Annex
thereto the pecuniary obligations existing between enemies and resulting from
the issue of negotiable instruments shall be adjusted in conformity with the
said Annex by the instrumentality of the Clearing Offices, which shall assume
the rights of the holder as regards the various remedies open to him.
7.
If a person has either before or during the war become
liable upon a negotiable instrument in accordance with an undertaking given to
him by a person who has subsequently become an enemy, the latter shall remain
liable to indemnify the former in respect of his liability notwithstanding the
outbreak of war.
in. Contracts of Insurance.
8.
Contracts of insurance entered into by any person with
another person who subsequently became an enemy will be dealt with in accordance
with the following paragraphs.
Fire Insurance. 9.
Contracts for the insurance of property against fire
entered into by a person interested in such property with another person who
subsequently became an enemy shall not be deemed to have been dissolved by the
outbreak of war, or by the fact of the person becoming an enemy, or on account
of the failure during the war and for a period of three months thereafter to
perform his obligations under the contract, but they shall be dissolved at the
date when the annual premium becomes payable for the first time after the
expiration of a period of three months after the coming into force of the
present Treaty.
A settlement shall be effected of unpaid premiums which
became due during the war, or of claims for losses which occurred during the
war.
10.
Where by administrative or legislative action an
insurance against fire effected before the war has been transferred during the
war from the original to another insurer, the transfer will be recognised and
the liability of the original insurer will be deemed to have ceased as from the
date of the transfer. The original insurer will, however, be entitled to receive
on demand full information as to the terms of the transfer, and if it should
appear that these terms were not equitable they shall be amended so far as may
be necessary to render them equitable.
Furthermore, the insured shall, subject to the
concurrence of the original insurer, be entitled to retransfer the contract to
the original insurer as from the date of the demand.
Life Insurance. 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.
Any sum which during the war became due upon a contract
deemed not to have been dissolved under the preceding provision shall be
recoverable after the war with the addition of interest at five per cent, per
annum from the date of its becoming due up to the day of payment.
Where the contract has lapsed during the war owing to
nonpayment of premiums, or has become void from breach of the conditions of the
contract, the assured or his representatives or the person entitled shall have
the right at any time within twelve months of the coming into force of the
present Treaty to claim from the insurer the surrender value of the policy at
the date of its lapse or avoidance.
Where the contract has lapsed during the war owing to
nonpayment of premiums the payment of which has been prevented by the
enforcement of measures of war, the assured or his representative or the persons
entitled shall have the right to restore the contract on payment of the premiums
with interest at five per cent, per annum within three months from the coming
into force of the present Treaty.
12.
Any Allied or Associated Power may within three months
of the coming into force of the present Treaty cancel all the contracts of
insurance running between a German insurance company and its nationals under
conditions which shall protect its nationals from any prejudice.
To this end the German insurance company will hand over
to the Allied or Associated Government concerned the proportion of its assets
attributable to the policies so cancelled and will be relieved from all
liability in respect of such policies. The assets to be handed over shall be
determined by an actuary appointed by the Mixed Arbitral Tribunal.
13.
Where contracts of life insurance have been entered
into by a local branch of an insurance company established in a country which
subsequently became an enemy country, the contract shall, in the absence of any
stipulation to the contrary in the contract itself, be governed by the local
law, but the insurer shall be entitled to demand from the insured or his
representatives the refund of sums paid on claims made or enforced under
measures taken during the war, if the making or enforcement of such claims was
not in accordance with the terms of the contract itself or was not consistent
with the laws or treaties existing at the time when it was entered into.
14.
In any case where by the law applicable to the contract
the insurer remains bound by the contract notwithstanding the nonpayment of
premiums until notice is given to the insured of the termination of the
contract, he shall be entitled where the giving of such notice was prevented by
the war to recover the unpaid premiums with interest at five per cent, per annum
from the insured.
15.
Insurance contracts shall be considered as contracts of
life assurance for the purpose of paragraphs 11 to 14 when they depend on the
probabilities of human life combined with the rate of interest for the calculation of the
reciprocal engagements between the two parties.
Marine Insurance. 16.
Contracts of marine insurance including time policies
and voyage policies entered into between an insurer and a person who
subsequently became an enemy, shall be deemed to have been dissolved on his
becoming an enemy, except in cases where the risk undertaken in the contract had
attached before he became an enemy.
Where the risk had not attached, money paid by way of
premium or otherwise shall be recoverable from the insurer.
Where the risk had attached effect shall be given to
the contract notwithstanding the party becoming an enemy, and sums due under the
contract either by way of premiums or in respect of losses shall be recoverable
after the coming into force of the present Treaty.
In the event of any agreement being come to for the
payment of interest on sums due before the war to or by the nationals of States
which have been at war and recovered after the war, such interest shall in the
case of losses recoverable under contracts of marine insurance run from the
expiration of a period of one year from the date of the loss.
17.
No contract of marine insurance with an insured person
who subsequently became an enemy shall be deemed to cover losses due to
belligerent action by the Power of which the insurer was a national or by the
allies or associates of such Power.
18.
Where it is shown that a person who had before the war
entered into a contract of marine insurance with an insurer who subsequently
became an enemy entered after the outbreak of war into a new contract covering
the same risk with an insurer who was not an enemy, the new contract shall be
deemed to be substituted for the original contract as from the date when it was
entered into, and the premiums payable shall be adjusted on the basis of the
original insurer having remained liable on the contract only up till the time
when the new contract was entered into.
Other Insurances. 19.
Contracts of insurance entered into before the war
between an insurer and a person who subsequently became an enemy, other than
contracts dealt with in
paragraphs g to 18, shall be treated in all respects on the same footing
as contracts of fire insurance between the same persons would be dealt with
under the said paragraphs.
Re-insurance. 20.
All treaties of re-insurance with a person who became
an enemy shall be regarded as having been abrogated by the person becoming an
enemy, but without prejudice in the case of life or marine risks which had
attached before the war to the right to recover payment after the war for sums
due in respect of such risks.
Nevertheless if, owing to invasion, it has been
impossible for the re-insured to find another re-insurer, the treaty shall
remain in force until three months after the coming into force of the present
Treaty.
Where a re-insurance treaty becomes void under this
paragraph, there shall be an adjustment of accounts between the parties in
respect both of premiums paid and payable and of liabilities for losses in
respect of life or marine risks which had attached before the war. In the case
of risks other than those mentioned in paragraphs 11 to 18 the adjustment of
accounts shall be made as at the date of the parties becoming enemies without
regard to claims for losses which may have occurred since that date.
21.
The provisions of the preceding paragraph will extend
equally to re-insurances existing at the date of the parties becoming enemies of
particular risks undertaken by the insurer in a contract of insurance against
any risks other than life or marine risks.
22.
Re-insurance of life risks effected by particular
contracts and not under any general treaty remain in force.
The provisions of paragraph 12 apply to treaties of
re-insurance of life insurance contracts in which enemy companies are the
reinsurers.
23.
In case of a re-insurance effected before the war of a
contract of marine insurance, the cession of a risk which had been ceded to the
re-insurer shall, if it had attached before the outbreak of war, remain valid
and effect be given to the contract notwithstanding the outbreak of war; sums
due under the contract of re-insurance in respect either of premiums or of
losses shall be recoverable after the war.
24.
The provisions of paragraphs 17 and 18 and the last
part of paragraph 16 shall apply to contracts for the re-insurance of marine
risks.
SECTION VI.
MIXED ARBITRAL TRIBUNAL.
ARTICLE 304.
(a) Within three months from the date of the coming
into force of the present Treaty, a Mixed Arbitral Tribunal shall be established
between each of the Allied and Associated Powers on the one hand and Germany on
the other hand. Each such Tribunal shall consist of three members. Each of the
Governments concerned shall appoint one of these members. The President shall be
chosen by agreement between the two Governments concerned.
In case of failure to reach agreement, the President of
the Tribunal and two other persons, either of whom may in case of need take his
place, shall be chosen by the Council of the League of Nations, or, until this
is set up, by M. Gustave Ador if he is willing. These persons shall be nationals
of Powers that have remained neutral during the war.
If any Government does not proceed within a period of
one month in case there is a vacancy to appoint a member of the Tribunal, such
member shall be chosen by the other Government from the two persons mentioned
above other than the President.
The decision of the majority of the members of the
Tribunal shall be the decision of the Tribunal.
(b) The Mixed Arbitral Tribunals established pursuant
to paragraph (a), shall decide all questions within their competence under
Sections HI, IV, V and VII.
In addition, all questions, whatsoever their nature,
relating to contracts concluded before the coming into force of the present
Treaty between nationals of the Allied and Associated Powers and German
nationals shall be decided by the Mixed Arbitral Tribunal, always excepting
questions which, under the laws of the Allied, Associated or Neutral Powers, are
within the jurisdiction of the National Courts of those Powers. Such questions
shall be decided by the National Courts in question, to the exclusion of the
Mixed Arbitral Tribunal. The party who is a national of an Allied or Associated
Power may nevertheless bring the case before the Mixed Arbitral Tribunal if this
is not prohibited by the laws of his country.
(c) If the number of cases justifies it, additional
members shall be appointed and each Mixed Arbitral Tribunal shall sit in
divisions. Each of these divisions will be constituted as above.
(d) Each Mixed Arbitral Tribunal will settle its own
procedure except in so far as it is provided in the following Annex, and is
empowered to award the sums to be paid by the loser in respect of the costs and
expenses of the proceedings.
(e) Each Government will pay the remuneration of the
member of the Mixed Arbitral Tribunal appointed by it and of any agent whom it
may appoint to represent it before the Tribunal. The remuneration of the
President will be determined by special agreement between the Governments
concerned; and this remuneration and the joint expenses of each Tribunal will be
paid by the two Governments in equal moieties.
(f) The High Contracting Parties agree that their
courts and authorities shall render to the Mixed Arbitral Tribunals direct all
the assistance in their power, particularly as regards transmitting notices and
collecting evidence.
(g) The High Contracting Parties agree to regard the
decisions of the Mixed Arbitral Tribunal as final and conclusive, and to render
them binding upon their nationals.
ANNEX. 1.
Should one of the members of the Tribunal either die,
retire, or be unable for any reason whatever to discharge his function, the same
procedure will be followed for filling the vacancy as was followed for
appointing him.
2.
The Tribunal may adopt such rules of procedure as shall
be in accordance with justice and equity and decide the order and time at which
each party must conclude its arguments, and may arrange all formalities required
for dealing with the evidence.
3.
The agent and counsel of the parties on each side are
authorised to present orally and in writing to the Tribunal arguments in Support
or in defence of each case.
4.
The Tribunal shall keep record of the questions and
cases submitted and the proceedings thereon, with the dates of such proceedings.
5.
Each of the Powers concerned may appoint a secretary.
These secretaries shall act together as joint secretaries of the Tribunal and
shall be subject to its direction. The Tribunal may appoint and employ any other
necessary officer or officers to assist in the performance of its duties.
6.
The Tribunal shall decide all questions and matters
submitted upon such evidence and information as may be furnished by the parties
concerned.
7.
Germany agrees to give the Tribunal all facilities and
information required by it for carrying out its investigations.
8.
The language in which the proceedings shall be
conducted shall, unless otherwise agreed, be English, French, Italian or
Japanese, as may be determined by the Allied or Associated Power concerned.
9.
The place and time for the meetings of each Tribunal
shall be determined by the President of the Tribunal.
ARTICLE 305.
Whenever a competent court has given or gives a
decision in a case covered by Sections HI, IV, V or YE, and such decision is
inconsistent with the provisions of such Sections, the party who is prejudiced
by the decision shall be entitled to obtain redress which shall be fixed by the
Mixed Arbitral Tribunal. At the request of the national of an Allied or
Associated Power, the redress may, whenever possible, be effected by the Mixed
Arbitral Tribunal directing the replacement of the parties in the position
occupied by them before the judgment was given by the German court.
SECTION VII.
INDUSTRIAL PROPERTY.
ARTICLE 306.
Subject to the stipulations of the present Treaty,
rights of industrial, literary and artistic property, as such property is
defined by the International Conventions of Paris and of Berne, mentioned in
Article 286, shall be re-established or restored, as from the coming into force
of the present Treaty, in the territories of the High Contracting Parties, in
favour of the persons entitled to the benefit of them at the moment when the
state of war commenced or their legal representatives. Equally, rights which,
except for the war, would have been acquired during the war in consequence of an
application made for the protection of industrial property, or the publication of a literary or
artistic work, shall be recognised and established in favour of those persons
who would have been entitled thereto, from the coming into force of the present
Treaty.
Nevertheless, all acts done by virtue of the special
measures taken during the war under legislative, executive or administrative
authority of any Allied or Associated Power in regard to the rights of German
nationals in industrial, literary or artistic property shall remain in force and
shall continue to maintain their full effect.
No claim shall be made or action brought by Germany or
German nationals in respect of the use during the war by the Government of any
Allied or Associated Power, or by any persons acting on behalf or with the
assent of such Government, of any rights in industrial, literary or artistic
property, nor in respect of the sale, offering for sale, or use of any products,
articles or apparatus whatsoever to which such rights applied.
Unless the legislation of any one of the Allied or
Associated Powers in force at the moment of the signature of the present Treaty
otherwise directs, sums due or paid in virtue of any act or operation resulting
from the execution of the special measures mentioned in paragraph 1 of this
Article shall be dealt with in the same way as other sums due to German
nationals are directed to be dealt with by the present Treaty; and sums produced
by any special measures taken by the German Government in respect of rights in
industrial, literary or artistic property belonging to the nationals of the
Allied or Associated Powers shall be considered and treated in the same way as
other debts due from German nationals.
Each of the Allied and Associated Powers reserves to
itself the right to impose such limitations, conditions or restrictions on
rights of industrial, literary or artistic property (with the exception of
trade-marks) acquired before or during the war, or which may be subsequently
acquired in accordance with its legislation, by German nationals, whether by
granting licences, or by the working, or by preserving control over their
exploitation, or in any other way, as may be considered necessary for national
defence, or in the public interest, or for assuring the fair treatment by
Germany of the rights of industrial, literary and artistic property held in
German territory by its nationals, or for securing the due fulfilment of all the
obligations undertaken by Germany in the present Treaty. As regards rights of
industrial, literary and artistic property acquired after the coming into force
of the present Treaty, the right so reserved by the Allied and Associated Powers
shall only be exercised in cases where these limitations, conditions or
restrictions may be considered necessary for national defence or in the public
interest.
In the event of the application of the provisions of
the preceding paragraph by any Allied or Associated Power, there shall be paid
reasonable indemnities or royalties, which shall be dealt with in the same way
as other sums due to German nationals are directed to be dealt with by the
present Treaty.
Each of the Allied or Associated Powers reserves the
right to treat as void and of no effect any transfer in whole or in part of or
other dealing with rights of or in respect of industrial, literary or artistic
property effected after August 1,1914, or in the future, which would have the
result of defeating the objects of the provisions of this Article.
The provisions of this Article shall not apply to
rights in industrial, literary or artistic property which have been dealt with
in the liquidation of businesses or companies under war legislation by the
Allied or Associated Powers, or which may be so dealt with by virtue of Article
297, paragraph (b).
ARTICLE 307.
A minimum of one year after the coming into force of
the present Treaty shall be accorded to the nationals of the High Contracting
Parties, without extension fees or other penalty, in order to enable such
persons to accomplish any act, fulfil any formality, pay any fees, and generally
satisfy any obligation prescribed by the laws or regulations of the respective
States relating to the obtaining, preserving, or opposing rights to, or in
respect of, industrial property either acquired before August 1, 1914, or which,
except for the war, might have been acquired since that date as a result of an
application made before the war or during its continuance, but nothing in this
Article shall give any right to reopen interference proceedings in the United
States of America where a final hearing has taken place.
All rights in, or in respect of, such property which
may have lapsed by reason of any failure to accomplish any act, fulfil any
formality, or make any payment, shall revive, but subject in the case of patents
and designs to the imposition of such conditions as each Allied or Associated
Power may deem reasonably necessary for the protection of persons who have
manufactured or made use of the subject matter of such property while the rights
had lapsed. Further, where rights to patents or designs belonging to German
nationals are revived under this Article, they shall be subject in respect of
the grant of licences to the same provisions as would have been applicable to
them during the war, as well as to all the provisions of the present Treaty.
The period from August 1,1914, until the coming into
force of the present Treaty shall be excluded in considering the time within
which a patent should be worked or a trade mark or design used, and it is
further agreed that no patent, registered trade mark or design in force on
August 1, 1914, shall be subject to revocation or cancellation by reason only of
the failure to work such patent or use such trade mark or design for two years
after the coming into force of the present Treaty.
ARTICLE 308.
The rights of priority, provided by Article 4 of the
International Convention for the Protection of Industrial Property of Paris, of
March 20, 1883, revised at Washington in 1911 or by any other Convention or
Statute, for the filing or
registration
of applications for patents or models of utility, and for the registration of
trade marks, designs and models which had not expired on August 1,1914, and
those which have arisen during the war, or would have arisen but for the war,
shall be extended by each of the High Contracting Parties in favour of all
nationals of the other High Contracting Parties for a period of six months after
the coming into force of the present Treaty.
Nevertheless, such extension shall in no way affect the
right of any of the High Contracting Parties or of any person who before the
coming into force of the present Treaty was bona fide in possession of any
rights of industrial property conflicting with rights applied for by another who
claims rights of priority in respect of them, to exercise such rights by itself
or himself personally, or by such agents or licensees as derived their rights
from it or him before the coming into force of the present Treaty; and such
persons shall not be amenable to any action or other process of law in respect
of infringement.
ARTICLE 309.
No action shall be brought and no claim made by persons
residing or carrying on business within the territories of Germany on the one
part and of the Allied or Associated Powers on the other, or persons who are
nationals of such Powers respectively, or by any one deriving title during the
war from such persons, by reason of any action which has taken place within the
territory of the other party between the date of the declaration of war and that
of the coming into force of the present Treaty, which might constitute an
infringement of the rights of industrial property or rights of literary and
artistic property, either existing at any time during the war or revived under
the provisions of Articles 307 and 308.
Equally, no action for infringement of industrial,
literary or artistic property rights by such persons shall at any time be
permissible in respect of the sale or offering for sale for a period of one year
after the signature of the present Treaty in the territories of the Allied or
Associated Powers on the one hand or Germany on the other, of products or
articles manufactured, or of literary or artistic works published, during the
period between the declaration of war and the signature of the present Treaty,
or against those who have acquired and continue to use them. It is understood,
nevertheless, that this provision shall not apply when the possessor of the
rights was domiciled or had an industrial or commercial establishment in the
districts occupied by Germany during the war.
This Article shall not apply as between the United
States of America on the one hand and Germany on the other.
ARTICLE 310.
Licenses in respect of industrial, literary or artistic
property concluded before the war between nationals of the Allied or Associated
Powers or persons residing in their territory or carrying on business therein,
on the one part, and German nationals, on the other part, shall be considered as
cancelled as from the date
of the declaration of war between Germany and
the Allied or Associated Power. But, in any case, the former beneficiary of a
contract of this kind shall have the right, within a period of six months after
the coming into force of the present Treaty, to demand from the proprietor of
the rights the grant of a new license, the conditions of which, in default of
agreement between the parties, shall be fixed by the duly qualified tribunal in
the country under whose legislation the rights had been acquired, except in the
case of licenses held in respect of rights acquired under German law. In such
cases the conditions shall be fixed by the Mixed Arbitral Tribunal referred to
in Section VI of this Part. The tribunal may, if necessary, fix also the amount
which it may deem just should be paid by reason of the use of the rights during
the war.
No license in respect of industrial, literary or
artistic property, granted under the special war legislation of any Allied or
Associated Power, shall be affected by the continued existence of any license
entered into before the war, but shall remain valid and of full effect, and a
license so granted to the former beneficiary of a license entered into before
the war shall be considered as substituted for such license.
Where sums have been paid during the war by virtue of a
license or agreement concluded before the war in respect of rights of industrial
property or for the reproduction or the representation of literary, dramatic or
artistic works, these sums shall be dealt with in the same manner as other debts
or credits of German nationals, as provided by the present Treaty.
This Article shall not apply as between the United
States of America on the one hand and Germany on the other.
ARTICLE 311
The inhabitants of territories separated from Germany
by virtue of the present Treaty shall, notwithstanding this separation and the
change of nationality consequent thereon, continue to enjoy in Germany all the
rights in industrial, literary and artistic property to which they were entitled
under German legislation at the time of the separation.
Rights of industrial, literary, and artistic property
which are in force in the territories separated from Germany under the present
Treaty at the moment of the separation of these territories from Germany, or
which will be re-established or restored in accordance with the provisions of
Article 306 of the present Treaty, shall be recognised by the State to which the
said territory is transferred and shall remain in force in that territory for
the same period of time given them under the German law.
SECTION VIII.
SOCIAL AND STATE INSURANCE IN CEDED
TERRITORY.
ARTICLE 312.
Without prejudice to the provisions contained in other
Articles of the present Treaty, the German Government undertakes to transfer to
any Power to which German territory in Europe is ceded, and to any Power
administering former German territory as a mandatory under Article 22 of Part I
(League of Nations), such portion of the reserves accumulated by the Government
of the German Empire or of German States, or by public or private organisations
under their control, as is attributable to the carrying on of Social or State
Insurance in such territory.
The Powers to which these funds are transferred must
apply them to the performance of the obligations arising from such insurances
The conditions of the transfer will be determined by
special conventions to be concluded between the German Government and the
Governments concerned.
In case these special conventions are not concluded in
accordance with the above paragraph within three months after the coming into
force of the present Treaty, the conditions of transfer shall in each case be
referred to a Commission of five members one of whom shall be appointed by the
German Government, one by the other interested Government and three by the
Governing Body of the International Labour Office from the nationals of other
States. This Commission shall by majority vote, within three months after
appointment adopt recommendations for submission to the Council of the League of
Nations, and the decisions of the Council shall forthwith be accepted as final
by Germany
PART XI.
AERIAL NAVIGATION.
ARTICLE 313.
The aircraft of the Allied and Associated Powers shall
have full liberty of passage and landing over and in the territory and
territorial waters of Germany, and shall enjoy the same privileges as German
aircraft, particularly in case of distress by land or sea.
ARTICLE 314
The aircraft of the Allied and Associated Powers shall,
while in transit to any foreign country whatever, enjoy the right of flying over
the territory and territorial waters of Germany without landing, subject always
to any regulations which may be made by Germany, and which shall be applicable
equally to the aircraft of Germany and to those of the Allied and Associated
countries.
ARTICLE 315
All aerodromes in Germany open to national public
traffic shall be open for the aircraft of the Allied and Associated Powers, and
in any such aerodrome such aircraft shall be treated on a footing of equality
with German aircraft as regards charges of every description, including charges
for landing and accommodation.
ARTICLE 316.
Subject to the present provisions, the rights of
passage, transit and landing, provided for in Articles 313, 314 and 315, are
subject to the observance of such regulations as Germany may consider it
necessary to enact, but such regulations shall be applied without distinction to
German aircraft and to those of the Allied and Associated countries.
ARTICLE 317.
Certificate of nationality, airworthiness, or
competency, and licences, issued or recognised as valid by any of the Allied or
Associated Powers, shall be recognised in Germany as valid and as equivalent to
the certificates and licences issued by Germany.
ARTICLE 318.
As regards internal commercial air traffic, the
aircraft of the, Allied and Associated Powers shall enjoy in Germany most
favoured nation treatment.
ARTICLE 319.
Germany undertakes to enforce the necessary measures to
ensure that all German aircraft flying over her territory shall comply with the
Rules as to lights and signals, Rules of the Air and Rules for Air Traffic on
and in the neighbourhood of aerodromes, which have been laid down in the
Convention relative to Aerial Navigation concluded between the Allied and
Associated Powers.
ARTICLE 320.
The obligations imposed by the preceding provisions
shall remain in force until January 1,1923, unless before that date Germany
shall have been admitted into the League of Nations or shall have been
authorised, by consent of the Allied and Associated Powers, to adhere to the
Convention relative to Aerial Navigation concluded between those Powers.
PART XII.
PORTS, WATERWAYS AND RAILWAYS.
SECTION I.
GENERAL PROVISIONS.
ARTICLE 321.
Germany undertakes to grant freedom of transit through
her territories on the routes most convenient for international transit, either
by rail, navigable waterway, or canal, to persons, goods, vessels, carriages,
wagons and mails coming from or going to the territories of any of the Allied
and Associated Powers (whether contiguous or not); for this purpose the crossing
of territorial waters shall be allowed. Such persons, goods, vessels, carriages,
wagons, and mails shall not be subjected to any transit duty or to any undue
delays or restrictions, and shall be entitled in Germany to national treatment
as regards charges, facilities, and all other matters.
Goods in transit shall be exempt from all Customs or
other similar duties.
All charges imposed on transport in transit shall be
reasonable, having regard to the conditions of the traffic. No charge, facility
or restriction shall depend directly or indirectly on the ownership or on the
nationality of the ship or other means of transport on which any part of the
through journey has been, or is to be, accomplished.
ARTICLE 322.
Germany undertakes neither to impose nor to maintain
any control over transmigration traffic through her territories beyond measures
necessary to ensure that passengers are bona fide in transit; nor to allow any
shipping company or any other private body, corporation or person interested in
the traffic to take any part whatever in, or to exercise any direct or indirect
influence over, any administrative service that may be necessary for this
purpose.
ARTICLE 323.
Germany undertakes to make no discrimination or
preference direct or indirect, in the duties, charges and prohibitions relating
to importations into or exportations from her territories, or, subject to the
special engagements contained in the present Treaty, in the charges and
conditions of transport of goods or persons entering or leaving her territories,
based on the frontier crossed; or on the kind, ownership or flag of the means of
transport (including aircraft) employed, or on the original or immediate place
of departure of the vessel, wagon or aircraft or other means of transport
employed, or its ultimate or intermediate destination; or on the route of or
places of trans-shipment on the journey; or on whether any port through which
the goods are imported or exported is a German port or a port belonging to any
foreign country or on whether the goods are imported or exported by sea, by land
or by air.
Germany particularly undertakes not to establish
against the ports and vessels of any of the Allied and Associated Powers any
surtax or any direct or indirect bounty for export, or import by German ports or
vessels, or by those of another Power, for example by means of combined tariffs.
She further undertakes that persons or goods passing through a port or using a
vessel of any of the Allied and Associated Powers shall not be subjected to any
formality or delay whatever to which such persons or goods would not be
subjected if they passed through a German port or a port of any other Power, or
used a German vessel or a vessel of any other Power.
ARTICLE 324.
All necessary administrative and technical measures
shall be taken to shorten, as much as possible, the transmission of goods across
the German frontiers and to ensure their forwarding and transport from such
frontiers, irrespective of whether such goods are coming from or going to the
territories of the Allied and Associated Powers or are in transit from or to
those territories, under the same material conditions in such matters as
rapidity of carriage and care en route as are enjoyed by other goods of the same
kind carried on German territory under similar conditions of transport.
In particular, the transport of perishable goods shall
be promptly and regularly carried out, and the customs formalities shall be
effected in such a way as to allow the goods to be carried straight through by
trains which make connection.
ARTICLE 325.
The seaports of the Allied and Associated Powers are
entitled to all favours and to all reduced tariffs granted on German railways or
navigable waterways for the benefit of German ports or of any port of another
Power.
ARTICLE 326.
Germany may not refuse to participate in the tariffs or
combinations of tariffs intended to secure for ports of any of the Allied and
Associated Powers advantages similar to those granted by Germany to her own
ports or the ports of any other Power.
SECTION II.
NAVIGATION.
CHAPTER I.
FREEDOM OF NAVIGATION.
ARTICLE 327.
The nationals of any of the Allied and Associated
Powers as well as their vessels and property shall enjoy in all German ports and
on the inland navigation routes of Germany the same treatment in all respects as
German nationals, vessels and property.
In particular the vessels of any one of the Allied or
Associated Powers shall be entitled to transport goods of any description, and
passengers, to or from any ports or places in German territory to which German
vessels may have access, under conditions which shall not be more onerous than
those applied in the case of national vessels; they shall be treated on a
footing of equality with national vessels as regards port and harbour facilities
and charges of every description, including facilities for stationing loading,
and unloading, and duties and charges of tonnage, harbour, pilotage,
light-house, quarantine, and all analogous duties and charges of whatsoever
nature, levied in the name of or for the profit of the Government, public
functionaries, private individuals, corporations or establishments of any kind.
In the event of Germany granting a preferential regime
to any of the Allied or Associated Powers or to any other foreign Power, this
regime shall be extended immediately and unconditionally to all the Allied and
Associated Powers.
There shall be no impediment to the movement of persons
or vessels other than those arising from prescriptions concerning customs,
police, sanitation, emigration, and immigration, and those relating to the
import and export of prohibited goods. Such regulations must be reasonable and
uniform and must not impede traffic unnecessarily.
CHAPTER H.
FREE ZONES IN PORTS.
ARTICLE 328.
The free zones existing in German ports on August 1,
1914, shall be maintained. These free zones, and any other free zones which may
be established in German territory by the present Treaty, shall be subject to
the regime provided for in the following
Goods entering or leaving a free zone shall not be
subjected to any import or export duty, other than those provided for in Article
330.
Vessels and goods entering a free zone may be subjected
to the charges established to cover expenses of administration, upkeep and
improvement of the port, as well as to the charges for the use of various
installations, provided that these charges shall be reasonable having regard to
the expenditure incurred, and shall be levied in the conditions of equality
provided for in Article 327.
Goods shall not be subjected to any other charge except
a statistical duty which shall not exceed 1 mille ad valorem, and which shall be
devoted exclusively to defraying the expenses of compiling statements of the
traffic in the port.
ARTICLE 329.
The facilities granted for the erection of warehouses,
for packing and for unpacking goods, shall be in accordance with trade
requirements for the time being. All goods allowed to be consumed in the free
zone shall be exempt from duty, whether of excise or of any other description,
apart from the statistical duty provided for in Article 328 above.
There shall be no discrimination in regard to any of
the provisions of the present Article between persons belonging to different
nationalities or between goods of different origin or destination.
ARTICLE 330.
Import duties may be levied on goods leaving the free
zone for consumption in the country on the territory of which the port is
situated. Conversely, export duties may be levied on goods coming from such
country and brought into the free zone. These import and export duties shall be
levied on the same basis and at the same rates as similar duties levied at the
other Customs frontiers of the country concerned. On the other hand, Germany
shall not levy, under any denomination, any import, export or transit duty on
goods carried by land or water across her territory to or from the free zone
from or to any other State.
Germany shall draw up the necessary regulations to
secure and guarantee such freedom of transit over such railways and waterways in
her territory as normally give access to the free zone.
CHAPTER HI.
CLAUSES RELATING TO THE ELBE, THE ODER, THE NffiMEN
(RUSSSTROM-MEMEL-NIEMEN) AND THE DANUBE.
(1) General Clauses. ARTICLE 331.
The following rivers are declared international: the
Elbe (Labe) from its confluence with the Vltava (Moldau), and the Vltava
(Moldau) from Prague; the Oder (Odra) from its confluence with the Oppa; the
Niemen (Russstrom-Memel-Niemen) from Grodno; the Danube from Ulm; and all
navigable parts of these river systems which naturally provide more than one
State with access to the sea, with or without transshipment from one vessel to
another; together with lateral canals and channels constructed either to
duplicate or to improve naturally navigable sections of the specified river
systems, or to connect two naturally navigable sections of the same river.
The same shall apply to the Rhine-Danube navigable
waterway, should such a waterway be constructed under the conditions laid down
in Article 353.
ARTICLE 332.
On the waterways declared to be international in the
preceding Article, the nationals, property and flags of all Powers shall be
treated on a footing of prefect equality, no distinction being made to the
detriment of the nationals, property or flag of any Power between them and the
nationals, property or flag of the riparian State itself or of the most favoured
nation.
Nevertheless, German vessels shall not be entitled to
carry passengers or goods by regular services between the ports of any Allied or
Associated Power, without special authority from such Power.
ARTICLE 333.
Where such charges are not precluded by any existing
conventions, charges varying on different sections of a river may be levied on
vessels using the navigable channels or their approaches, provided that they are
intended solely to cover equitably the cost of maintaining in a navigable
condition, or of improving, the river and its approaches, or to meet expenditure
incurred in the interests of navigation. The schedule of such charges shall be
calculated on the basis of such expenditure and shall be posted up in the ports.
These charges shall be levied in such a manner as to render any detailed
examination of cargoes unnecessary, except in cases of suspected fraud or
contravention.
ARTICLE 334. The
transit of vessels, passengers and goods on these waterways shall be effected in
accordance with the general conditions prescribed for transit in Section I
above.
When the two banks of an international river are within
the same State goods in transit may be placed under seal or in the custody of
customs agents. When the river forms a frontier goods and passengers in transit
shall be exempt from all customs formalities, the loading and unloading of
goods, and the embarkation and disembarkation of passengers, shall only take
place in the ports specified by the riparian State.
ARTICLE 335.
No dues of any kind other than those provided for in
the present Part shall be levied along the course or at the mouth of these
rivers.
This provision shall not prevent the fixing by the
riparian States of customs, local octroi or consumption duties, or the creation
of reasonable and uniform charges levied in the ports, in accordance with public
tariffs, for the use of cranes, elevators, quays, warehouses, etc.
ARTICLE 336.
In default of any special organisation for carrying out
the works connected with the upkeep and improvement of the international portion
of a navigable system, each riparian State shall be bound to take suitable
measures to remove any obstacle or danger to navigation and to ensure the maintenance of good
conditions of navigation.
If a State neglects to comply with this obligation any
riparian State, or any State represented on the International Commission, if
there is one, may appeal to the tribunal instituted for this purpose by the
League of Nations.
ARTICLE 337.
The same procedure shall be followed in the case of a
riparian State undertaking any works of a nature to impede navigation in the
international section. The tribunal mentioned in the preceding Article shall be
entitled to enforce the suspension or suppression of such works, making due
allowance in its decisions for all rights in connection with irrigation,
water-power, fisheries, and other national interests, which, with the consent of
all the riparian States or of all the States represented on the International
Commission, if there is one, shall be given priority over the requirements of
navigation.
Appeal to the tribunal of the League of Nations does
not require the suspension of the works.
ARTICLE 338.
The regime set out in Articles 332 to 337 above shall
be superseded by one to be laid down in a General Convention drawn up by the
Allied and Associated Powers, and approved by the League of Nations, relating to
the waterways recognised in such Convention as having an international
character. This Convention shall apply in particular to the whole or part of the
above-mentioned river systems of the Elbe (Labe), the Oder (Odra), the Niemen
(Russstrom-Memel-Niemen), and the Danube, and such other parts of these river
systems as may be covered by a general definition.
Germany undertakes, in accordance with the provisions
of Article 379, to adhere to the said General Convention as well as to all
projects prepared in accordance with Article 343 below for the revision of
existing international agreements and regulations.
ARTICLE 339.
Germany shall cede to the Allied and Associated Powers
concerned, within a maximum period of three months from the date on which
notification shall be given her, a proportion of the tugs and vessels remaining
registered in the ports of the river systems referred to in Article 331 after
the deduction of those surrendered by way of restitution or reparation. Germany
shall in the same way cede material of all kinds necessary to the Allied and
Associated Powers concerned for the utilisation of those river systems.
The number of the tugs and boats, and the amount of the
material so ceded, and their distribution, shall be determined by an arbitrator
or arbitrators nominated by the United States of America, due regard being had to the legitimate
needs of the parties concerned, and particularly to the shipping traffic during
the five years preceding the war.
All craft so ceded shall be provided with their
fittings and gear, shall be in a good state of repair and in condition to carry
goods and shall be selected from among those most recently built.
The cessions provided for in the present Article shall
entail a credit of which the total amount, settled in a lump sum by the
arbitrator or arbitrators, shall not in any case exceed the value of the capital
expended in the initial establishment of the material ceded, and shall be set
off against the total sums due from Germany, in consequence, the indemnification
of the proprietors shall be a matter for Germany to deal with.
(2) Special Clauses relating to the Elbe, the Oder and
the Niemen (Russsfrom-Memel-Niemen).
ARTICLE 340.
The Elbe (Labe) shall be placed under the
administration of an International Commission which shall comprise:
4 representatives of the German States bordering on the
river: 2 representatives of the Czecho-Slovak State; 1 representative of Great
Britain; 1 representative of France; 1 representative of Italy; 1 representative
of Belgium
Whatever be the number of members present, each
delegation shall have the right to record a number of votes equal to the number
of representatives allotted to it.
If certain of these representatives cannot be appointed
at the time of the coming into force of the present Treaty, the decisions of the
Commission shall nevertheless be valid.
ARTICLE 341.
The Oder (Odra) shall be placed under the
administration of an International Commission, which shall comprise:
1 representative of Poland; 3 representatives of
Prussia; 1 representative of the Czecho-Slovak State; 1 representative of Great
Britain; 1 representative of France; 1 representative of Denmark; 1
representative of Sweden.
If certain of these representatives cannot be appointed
at the time of the coming into force of the present Treaty, the decisions of the
Commission shall nevertheless be valid.
ARTICLE 342.
On a request being made to the League of Nations by any
riparian State, the Niemen (Russstrom-Memel-Niemen) shall be placed under the
administration of an International Commission which shall comprise one
representative of each riparian State and three representatives of other States
specified by the League of Nations.
ARTICLE 343.
The International Commissions referred to in Articles
340 and 342 shall meet within three months of the date of the coming into force
of the present Treaty. The International Commission referred to in Article 342
shall meet within three months from the date of the request made by a riparian
State. Each of these Commissions shall proceed immediately to prepare a project
for the revision of the existing international agreements and regulations drawn
up in conformity with the General Convention referred to in Article 338, should
such Convention have been already concluded. In the absence of such Convention,
the project for revision shall be in conformity with the principles of Articles
332 to 337 above.
ARTICLE 344.
The projects referred to in the preceding Article
shall, inter alia:
(a) designate the headquarters of the International
Commission, and prescribe the manner in which its President is to be nominated;
(b) specify the extent of the Commission's powers,
particularly in regard to the execution of works of maintenance, control, and
improvement on the river system, the financial regime, the fixing and collection
of charges, and regulations for navigation-
(c) define the sections of the river or its tributaries
to which the international regime shall be applied.
ARTICLE 345.
The international agreements and regulations at present
governing the navigation of the Elbe (Labe), the Oder (Odra), and the Niemen
(Russstrom-Memel-Niemen) shall be provisionally maintained in force until the
ratification of the above-mentioned projects. Nevertheless, in all cases where
such agreements and regulations in force are in conflict with the provisions of
Articles 332 to 337 above, or of the General Convention to be concluded, the
latter provisions shall prevail.
(3) Special
Clauses relating to the Danube.
ARTICLE 346.
The European Commission of the Danube reassumes the
powers it possessed before the war. Nevertheless, as a provisional measure, only
representatives of Great Britain, France, Italy and Roumania shall constitute
this Commission.
ARTICLE 347.
From the point where the competence of the European
Commission ceases, the Danube system referred to in Article 331 shall be placed
under the administration of an International Commission composed as follows:
2 representatives of German riparian States; 1
representative of each other riparian State; 1 representative of each
non-riparian State represented in the future on the European Commission of the
Danube.
If certain of these representatives cannot be appointed
at the time of the coming into force of the present Treaty, the decisions of the
Commission shall nevertheless be valid.
ARTICLE 348.
The International Commission provided for in the
preceding Article shall meet as soon as possible after the coming into force of
the present Treaty and shall undertake provisionally the administration of the
river in conformity with the provisions of Articles 332 to 337, until such time
as a definitive statute regarding the Danube is concluded by the Powers
dominated by the Allied and Associated Powers.
ARTICLE 349.
Germany agrees to accept the regime which shall be laid
down for the Danube by a Conference of the Powers nominated by the Allied and
Associated Powers, which shall meet within one year after the coming into force of the present
Treaty, and at which German representatives may be present.
ARTICLE 350.
The mandate given by Article 57 of the Treaty of Berlin
of July 13, 1878, to Austria-Hungary, and transferred by her to Hungary to carry
out works at the Iron Gates, is abrogated. The Commission entrusted with the
administration of this part of the river shall lay down provisions for the
settlement of accounts subject to . the financial provisions of the present
Treaty. Charges which may be necessary shall in no case be levied by Hungary.
ARTICLE 351.
Should the Czecho-Slovak State, the Serb-Croat-Slovene
State or Roumania, with the authorisation of or under mandate from the
International Commission, undertake maintenance, improvement, weir, or other
works on a part of the river system which forms a frontier, these States shall
enjoy on the opposite bank, and also on the part of the bed which is outside
their territory, all necessary facilities for the survey, execution and
maintenance of such works.
ARTICLE 352.
Germany shall be obliged to make to the European
Commission of the Danube all restitutions, reparations and indemnities for
damages inflicted on the Commission during the war.
ARTICLE 353.
Should a deep-draught Rhine-Danube navigable waterway
be constructed, Germany undertakes to apply thereto the regime prescribed in
Articles 332 to 338.
CHAPTER IV.
CLAUSES RELATING TO THE RHINE AND THE MOSELLE.
ARTICLE 354.
As from the coming into force of the present Treaty,
the Convention of Mannheim of October 17, 1868, together with the Final Protocol
thereof, shall continue to govern navigation on the Rhine, subject to the
conditions hereinafter laid down.
In the event of any provision of the said Convention
being in conflict with those laid down by the General Convention referred to in
Article 338 (which shall apply to the Rhine) the provisions of the General
Convention shall prevail.
Within a maximum period of six months from the coming
into force of the present Treaty, the Central Commission referred to in Article
355 shall meet to draw up a project of revision of the Convention of Mannheim.
This project shall be drawn up in harmony with the provisions of the General Convention referred to
above, should this have been concluded by that time, and shall be submitted to
the Powers represented on the Central Commission Germany hereby agrees to adhere
to the project so drawn up.
Further, the modifications set out in the following
Articles shall immediately be made in the Convention of Mannheim.
The Allied and Associated Powers reserve to themselves
the right to arrive at an understanding in this connection with Holland, and
Germany hereby agrees to accede if required to any such understanding.
ARTICLE 355.
The Central Commission provided for in the Convention
of Mannheim shall consist of nineteen members, viz.:
2 representatives of the Netherlands; 2 representatives
of Switzerland; 4 representatives of German riparian States; 4 representatives
of France, which in addition shall appoint the President of the Commission; 2
representatives of Great Britain; 2 representatives of Italy; 2 representatives
of Belgium.
The headquarters of the Central Commission shall be at
Strasburg.
Whatever be the number of members present, each
Delegation shall have the right to record a number of votes equal to the number
of representatives allotted to it.
If certain of these representatives cannot be appointed
at the time of the coming into force of the present Treaty, the decision of the
Commission shall nevertheless be valid.
ARTICLE 356.
Vessels of all nations, and their cargoes, shall have
the same rights and privileges as those which are granted to vessels belonging
to the Rhine navigation, and to their cargoes.
None of the provisions contained in Articles 15 to 20
and 26 of the above-mentioned Convention of Mannheim, in Article 4 of the Final
Protocol thereof, or in later Conventions, shall impede the free navigation of
vessels and crews of all nations on the Rhine and on waterways to which such
Conventions apply, subject to compliance with the regulations concerning
pilotage and other police measures drawn up by the Central Commission.
The provisions of Article 22 of the Convention of
Mannheim and of Article 5 of the Final Protocol thereof shall be applied only to
vessels registered on the Rhine. The Central Commission shall decide on the
steps to be taken to ensure that other vessels satisfy the conditions of the general regulations
applying to navigation on the Rhine.
ARTICLE 357.
Within a maximum period of three months from the date
on which notification shall be given Germany shall cede to France tugs and
vessels, from among those remaining registered in German Rhine ports after the
deduction of those surrendered by way of restitution or reparation, or shares in
German Rhine navigation companies.
When vessels and tugs are ceded, such vessels and tugs,
together with their fittings and gear, shall be in good state of repair, shall
be in condition to carry on commercial traffic on the Rhine, and shall be
selected from among those most recently built
The same procedure shall be followed in the matter of
the cession by Germany to France of:
(1) the installations, berthing and anchorage
accommodation, platforms, docks, warehouses, plant, etc., which German subjects
or German companies owned on August 1,1914, in the port of Rotterdam, and
(2) the shares or interests which Germany or German
nationals possessed in such installations at the same date.
The amount and specifications of such cessions shall be
determined within one year of the coming into force of the present Treaty by an
arbitrator or arbitrators appointed by the United States of America, due regard
being had to the legitimate needs of the parties concerned.
The cessions provided for in the present Article shall
entail a credit of which the total amount, settled in a lump sum by the
arbitrator or arbitrators mentioned above shall not in any case exceed the value
of the capital expended in the initial establishment of the ceded material and
installations, and shall be set off against the total sums due from Germany; in
consequence, the indemnification of the proprietors shall be a matter for
Germany to deal with.
ARTICLE 358.
Subject to the obligation to comply with the provisions
of the Convention of Mannheim or of the Convention which may be substituted
therefor, and to the stipulations of the present Treaty, France shall have on
the whole course of the Rhine included between the two extreme points of the
French frontiers:
(a) the right to take water from the Rhine to feed
navigation and irrigation canals (constructed or to be constructed) or for any
other purpose, and to execute on the German bank all works necessary for the
exercise of this right;
174
(b) the exclusive right to the power derived from works
of regulation on the river, subject to the payment to Germany of the value of
half the power actually produced, this payment, which will take into account the
cost of the works necessary for producing the power, being made either in money
or in power and in default of agreement being determined by arbitration. For
this purpose France alone shall have the right to carry out in this part of the
river all works of regulation (weirs or other works) which she may consider
necessary for the production of power. Similarly, the right of taking water from
the Rhine is accorded to Belgium to feed the Rhine-Meuse navigable waterway
provided for below.
The exercise of the rights mentioned under (a) and (b)
of the present Article shall not interfere with navigability nor reduce the
facilities for navigation, either in the bed of the Rhine or in, the derivations
which may be substituted therefor, nor shall it. involve any increase in the
tolls formerly levied under the Convention in force. All proposed schemes shall
be laid before the Central Commission in order that that Commission may assure
itself that these conditions are complied with.
To ensure the proper and faithful execution of the
provisions contained in (a) and (b) above, Germany:
(1) binds herself not to undertake or to allow the
construction of any lateral canal or any derivation on the right bank of the
river opposite the French frontiers;
(2) recognises the possession by France of the right of
support on and the right of way over all lands situated on the right bank which
may be required in order to survey, to build, and to operate weirs which France,
with the consent of the Central Commission, may subsequently decide to
establish. In accordance with such consent, France shall be entitled to decide
upon and fix the limits of the necessary sites, and she shall be permitted to
occupy such lands after a period
of two months after simple notification, subject to the
payment by her to Germany of indemnities of which the total amount shall be
fixed by the Central Commission. Germany shall make it her business to indemnify
the proprietors whose property will be burdened with such servitudes or
permanently occupied by the works.
Should Switzerland so demand, and if the Central
Commission approves, the same rights shall be accorded to Switzerland for the
part of the river forming her frontier with other riparian States;
(3) shall hand over to the French Government, during
the month following the coming into force of the present Treaty, all projects,
designs, drafts of concessions and of specifications concerning the regulation
of the Rhine for any purpose whatever which have been drawn up or received by
the Governments of Alsace-Lorraine or of the Grand Duchy of Baden.
ARTICLE 359.
Subject to the preceding provisions, no works shall be
carried out in the bed or on either bank of the Rhine where it forms the
boundary of France and Germany without the previous approval of the Central
Commission or of its agents.
ARTICLE 360.
France reserves the option of substituting herself as
regards the rights and obligations resulting from agreements arrived at between
the Government of Alsace-Lorraine and the Grand Duchy of Baden concerning the
works to be carried out on the Rhine; she may also denounce such agreements
within a term of five years dating from the coming into force of the present
Treaty.
France shall also have the option of causing works to
be carried out which may be recognised as necessary by the Central Commission
for the upkeep or improvement of the navigability of the Rhine above Mannheim.
ARTICLE 361.
Should Belgium within a period of 25 years from the
coming into force of the present Treaty decide to create a deep-draught
Rhine-Meuse navigable waterway, in the region of Ruhrort, Germany shall be bound
to construct, in accordance with plans to be communicated to her by the Belgian
Government, after agreement with the Central Commission, the portion of this
navigable waterway situated within her territory.
The Belgian Government shall, for this purpose, have
the right to carry out on the ground all necessary surveys.
Should Germany fail to carry out all or part of these
works, the Central Commission shall be entitled to carry them out instead; and,
for this purpose, the Commission may decide upon and fix the limits of the
necessary sites and occupy the ground after a period of two months after simple
notification, subject to the payment of indemnities to be fixed by it and paid
by Germany.
This navigable waterway shall be placed under the same
administrative regime as the Rhine itself, and the division of the cost of
initial construction, including the above indemnities, among the States crossed
thereby shall be made by the Central Commission.
ARTICLE 362.
Germany hereby agrees to offer no objection to any
proposals of the Central Rhine Commission for extending its jurisdiction:
(1) to the Moselle below the Franco-Luxemburg frontier
down to the Rhine, subject to the consent of Luxemburg;
(2) to the Rhine above Basle up to the Lake of
Constance, subject to the consent of Switzerland;
176
(3) to the lateral canals and channels which may be
established either to duplicate or to improve naturally navigable sections of
the Rhine or the Moselle, or to connect two naturally navigable sections of
these rivers, and also any other parts of the Rhine river system which may be
covered by the General Convention provided for in Article 338 above.
CHAPTER V.
CLAUSES GIVING TO THE CZECHO-SLOVAK STATE THE USE OF
NORTHERN PORTS.
ARTICLE 363.
In the ports of Hamburg and Stettin Germany shall lease
to the Czecho-Slovak State, for a period of 99 years, areas which shall be
placed under the general regime of free zones and shall be used for the direct
transit of goods coming from or going to that State.
ARTICLE 364.
The delimitation of these areas, and their equipment,
their exploitation, and in general all conditions for their utilisation,
including the amount of the rental, shall be decided by a Commission consisting
of one delegate of Germany, one delegate of the Czecho-Slovak State and one
delegate of Great Britain. These conditions shall be susceptible of revision
every ten years in the same manner.
Germany declares in advance that she will adhere to the
decisions so taken.
SECTION III.
RAILWAYS.
CHAPTER I.
CLAUSES RELATING TO INTERNATIONAL TRANSPORT.
ARTICLE 365.
Goods coming from the territories of the Allied and
Associated Powers, and going to Germany, or in transit through Germany from or
to the territories of the Allied and Associated Powers, shall enjoy on the
German railways as regards charges to be collected (rebates and drawbacks being
taken into account), facilities, and all other matters, the most favourable
treatment applied to goods of the same kind carried on any German lines, either
in internal traffic, or for export, import or in transit, under similar
conditions of transport, for example as regards length of route. The same rule
shall be applied, on the request of one or more of the Allied and Associated
Powers, to goods specially designated by such Power or Powers coming from
Germany and going to their territories.
International tariffs established in accordance with
the rates referred to in the preceding paragraph and involving through waybills
shall be established when one of the Allied and Associated Powers shall require
it from Germany.
ARTICLE 366.
From the coming into force of the present Treaty the
High Contracting Parties shall renew, in so far as concerns them and under the
reserves indicated in the second paragraph of the present Article, the
conventions and arrangements signed at Berne on October 14,1890, September
20,1893, July 16,1895, June 16,1898, and September 19,1906, regarding the
transportation of goods by rail.
If within five years from the date of the coming into
force of the present Treaty a new convention for the transportation of
passengers, luggage, and goods by rail shall have been concluded to replace the
Berne Convention of October 14,1 890, and the subsequent additions referred to
above, this new convention and the supplementary provisions for international
transport by rail which may be based on it shall bind Germany, even if she shall
have refused to take part in the preparation of the convention or to subscribe
to it. Until a new convention shall have been concluded, Germany shall conform
to the provisions of the Berne Convention and the subsequent additions referred
to above, and to the current supplementary provisions.
ARTICLE 367.
Germany shall be bound to co-operate in the
establishment of through ticket services (for passengers and their luggage)
which shall be required by any of the Allied and Associated Powers to ensure
their communication by rail with each other and with all other countries by
transit across the territories of Germany; in particular Germany shall, for this
purpose, accept trains and carriages coming from the territories of the Allied
and Associated Powers and shall forward them with a speed at least equal to that
of her best long-distance trains on the same lines. The rates applicable to such
through services shall not in any case be higher than the rates collected on
German internal services for the same distance, under the same conditions of
speed and comfort.
The tariffs applicable under the same conditions of
speed and comfort to the transportation of emigrants going to or coming from
ports of the Allied and Associated Powers and using the German railways shall
not be at a higher kilometric rate than the most favourable tariffs (drawbacks
and rebates being taken into account) enjoyed on the said railways by emigrants
going to or coming from any other ports
ARTICLE 368.
Germany shall not apply specially to such through
services, or to the transportation of emigrants going to or coming from the
ports of the Allied and Associated Powers, any technical, fiscal or
administrative measures, such as measures of customs examination, general police, sanitary police, and
control, the result of which would be to impede or delay such services.
ARTICLE 369.
In case of transport partly by rail and partly by
internal navigation, with or without through way-bill, the preceding Articles
shall apply to the part of the journey performed by rail.
CHAPTER H.
ROLLING-STOCK.
ARTICLE 370.
Germany undertakes that German wagons shall be fitted
with apparatus allowing:
(1) of their inclusion in goods trains on the lines of
such of the Allied and Associated Powers as are parties to the Berne Convention
of May 15,1886, as modified on May 18, 1907, without hampering the action of the
continuous brake which may be adopted in such countries within ten years of the
coming into force of the present Treaty, and
(2) Of the acceptance of wagons of such countries in
all goods trains on the German lines.
The rolling-stock of the Allied and Associated Powers
shall enjoy on the German lines the same treatment as German rollingstock as
regards movement, upkeep, and repairs.
CHAPTER HI.
CESSIONS OF RAILWAY LINES.
ARTICLE 371.
Subject to any special provisions concerning the
cession of ports, waterways and railways situated in the territories over which
Germany abandons her sovereignty, and to the financial conditions relating to
the concessionaires and the pensioning of the personnel, the cession of railways
will take place under the following conditions:
(1) The works and installations of all the railroads
shall be handed over complete and in good condition.
(2) When a railway system possessing its own
rolling-stock is handed over in its entirety by Germany to one of the Allied and
Associated Powers, such stock shall
be handed over complete, in accordance with the
last inventory before November 11,1918, and in a normal state of upkeep.
(3) As regards lines without any special rolling-stock,
Commissions of experts designated by the Allied and Associated Powers, on which
Germany shall be represented, shall fix the proportion of the stock existing on
the system to which those lines belong to be handed over. These Commissions
shall have regard to the amount of the material registered on these lines in the
last inventory before November 11,1918, the length of track (sidings included),
and the nature and amount of the traffic. These Commissions shall also specify
the locomotives, carriages and wagons to be handed over in each case; they shall
decide upon the conditions of their acceptance, and shall make the provisional
arrangements necessary to ensure their repair in German workshops.
(4) Stocks of stores, fittings and plant shall be
handed over under the same conditions as the rolling-stock.
The provisions of paragraphs 3 and 4 above shall be
applied to the lines of
former Russian Poland converted by Germany to the
German gauge, such lines being
regarded as detached from the
Prussian State System.
CHAPTER IV.
PROVISIONS RELATING TO CERTAIN RAILWAY LINES.
ARTICLE 372.
When as a result of the fixing of new frontiers a
railway connection between two parts of the same country crosses another
country, or a branch line from one country has its terminus in another, the
conditions of working, if not specifically provided for in the present Treaty,
shall be laid down in a convention between the railway administrations
concerned. If the administrations cannot come to an agreement as to the terms of
such convention, the points of difference shall be decided by commissions of
experts composed as provided in the preceding Article.
ARTICLE 373.
Within a period of five years from the coming into
force of the present Treaty the Czecho-Slovak State may require the construction
of a railway line in German territory between the stations of Schlauney and
Nachod. The cost of construction shall be borne by the Czecho-Slovak State.
ARTICLE 374.
Germany undertakes to accept, within ten years of the
coming into force of the present Treaty, on request being made by the Swiss
Government after agreement with the Italian Government, the denunciation of the International
Convention of October 13,1909, relative to the St. Gothard railway. In the
absence of agreement as to the conditions of such denunciation, Germany hereby
agrees to accept the decision of an arbitrator designated by the United States
of America.
CHAPTER V.
TRANSITORY PROVISIONS. ARTICLE 375
Germany shall carry out the instructions given her, in
regard to transport, by an authorised body acting on behalf of the Allied and
Associated Powers:
(1) For the carriage of troops under the provisions of
the present Treaty, and of material, ammunition and supplies for army use;
(2) As a temporary measure, for the transportation of
supplies for certain regions, as well as for the restoration, as rapidly as
possible, of the normal conditions of transport, and for the organisation of
postal and telegraphic services.
SECTION IV.
DISPUTES.
AND REVISION OF PERMANENT CLAUSES.
ARTICLE 376.
Disputes which may arise between interested Powers with
regard to the interpretation and application of the preceding Article shall be
settled as provided by the League of Nations.
ARTICLE 377.
At any time the League of Nations may recommend the
revision of such of these Articles as relate to a permanent administrative
regime.
ARTICLE 378.
The stipulations in Articles 321 to 330, 332, 365, and
367 to 369 shall be subject to revision by the Council of the League of Nations
at any time after five years from the coming into force of the present Treaty.
Failing such revision, no Allied or Associated Power
can claim after the expiration of the above period of five years the benefit of
any of the stipulations in the Articles enumerated above on behalf of any
portion of its territories in which reciprocity is not accorded in respect of
such stipulations.
The period of five years during which reciprocity
cannot be demanded may be prolonged by the Council of the League of Nations.
SECTION V.
SPECIAL PROVISION.
ARTICLE 379.
Without prejudice to the special obligations imposed on
her by the present Treaty for the benefit of the Allied and Associated Powers,
Germany undertakes to adhere to any General Conventions regarding the
international regime of transit, waterways, ports or railways which may be
concluded by the Allied and Associated Powers, with the approval of the League
of Nations, within five years of the coming into force of the present Treaty.
SECTION VI.
CLAUSES RELATING TO THE KIEL CANAL.
ARTICLE 380.
The Kiel Canal and its approaches shall be maintained
free and open to the vessels of commerce and of war of all nations at peace with
Germany on terms of entire equality.
ARTICLE 381.
The nationals, property and vessels of all Powers
shall, in respect of charges, facilities, and in all other respects, be treated
on a footing of perfect equality in the use of the Canal, no distinction being
made to the detriment of nationals, property and vessels of any Power between
them and the nationals, property and vessels of Germany or of the most favoured
nation.
No impediment shall be placed on the movement of
persons or vessels other than those arising out of police, customs, sanitary,
emigration or immigration regulations and those relating to the import or export
of prohibited goods. Such regulations must be reasonable and uniform and must
not unnecessarily impede traffic
ARTICLE 382.
Only such charges may be levied on vessels using the
Canal or its approaches as are intended to cover in an equitable manner the cost
of maintaining in a navigable condition, or of improving, the Canal or its
approaches, or to meet expenses incurred in the interests of navigation. The
schedule of such charges shall be calculated on the basis of such expenses, and
shall be posted up in the ports.
These charges shall be levied in such a manner as to
render any detailed examination of cargoes unnecessary, except in the case of
suspected fraud or contravention.
ARTICLE 383.
Goods in transit may be placed under seal or in the
custody of customs agents; the loading and unloading of goods, and the
embarkation and disembarkation of passengers, shall only take place in the ports
specified by Germany.
ARTICLE 384.
No charges of any kind other than those provided for in
the present Treaty shall be levied along the course or at the approaches of the
Kiel Canal.
ARTICLE 385.
Germany shall be bound to take suitable measures to
remove any obstacle or danger to navigation, and to ensure the maintenance of
good conditions of navigation. She shall not undertake any works of a nature to
impede navigation on the Canal or its approaches.
ARTICLE 386.
In the event of violation of any of the conditions of
Articles 380 to 386, or of disputes as to the interpretation of these Articles,
any interested Power can appeal to the jurisdiction instituted for the purpose
by the League of Nations.
In order to avoid a reference of small questions to the
League of Nations, Germany will establish a local authority at Kiel qualified to
deal with disputes in the first instance and to give satisfaction so far as
possible to complaints which may be presented through the consular
representatives of the interested Powers.
SECCION I –– Organización del trabajo
Visto que la Sociedad de las Naciones tiene por objeto establecer la paz universal, y que tal paz no puede ser fundada sino sobre la base de la justicia social;
Visto que existen condiciones de trabajo que implican para un gran número de personas la injusticia, la miseria y las privaciones, lo que engendra un tal descontento que la paz y la armonía universales son puestas en peligro, y atento que es urgente mejorar esas condiciones: por ejemplo, en lo que concierne a la reglamentación de las horas de trabajo, a la fijación de una duración máxima de la jornada y de la semana de trabajo, al reclutamiento de la mano de obra, la lucha contra la desocupación, la garantía de un salario que asegure condiciones de existencia convenientes, la protección de los trabajadores contra las enfermedades generales o profesionales y los accidentes resultantes del trabajo, la protección de los niños, de los adolescentes y de las mujeres, las pensiones de vejez y de invalidez, la defensa de los intereses de los trabajadores ocupados en el extranjero, la afirmación del principio de la libertad sindical, la organización de la enseñanza profesional y técnica y a otras medidas análogas;
Visto que la no adopción de un régimen de trabajo realmente humano es un obstáculo puesto a los esfuerzos de las demás naciones deseosas de mejorar la suerte de los trabajadores en sus propios países;
Las altas partes, contratantes, movidas por sentimientos de justicia y humanidad, tanto como por el deseo de asegurar una paz mundial duradera, han convenido en lo que sigue:
CAPITULO PRIMERO –– Organización
Art. 387. –– Se funda una organización permanente encargada de trabajar en la realización del programa expuesto en el preámbulo.
Los miembros originarios de la Sociedad de las Naciones, serán miembros originarios de esta organización, y, en adelante, la calidad de miembro de la Sociedad de las Naciones traerá consigo la de miembro de dicha organización.
Art. 388. –– La organización permanente comprenderá:
1° Una conferencia general de representantes de los miembros;
2° Una oficina internacional del trabajo bajo la dirección del consejo de administración previsto en el artículo 393.
Art. 389. –– La conferencia general de los representantes de los miembros celebrará sesiones cada vez que sea necesario, y, por lo menos, una vez por año. Ella se compondrá de cuatro representantes de cada uno de los miembros, de los cuales dos serán los delegados del gobierno, y los otros dos representarán, respectivamente, por una parte a los empleadores y por la otra parte a los trabajadores dependientes de cada uno de los miembros.
Cada delegado podrá ser acompañado de consejeros técnicos cuyo número no podrá exceder de dos por cada una de las distintas materias inscriptas en la orden del día de la sesión. Cuando deban discutirse en la conferencia cuestiones que interesan especialmente a las mujeres, una por lo menos de las personas designadas como consejeros técnicos debe ser una mujer.
Los miembros se comprometen a designar los delegados y consejeros técnicos no gubernamentales, de acuerdo con las organizaciones profesionales más representativas, sea de los empleadores, sea de los trabajadores del país respectivo, bajo reserva de que tales organizaciones existan.
Los consejeros técnicos no estarán autorizados para tomar la palabra sino a pedido hecho por el delegado al cual se hallan agregados y con la autorización especial del presidente de la conferencia; no podrán tomar parte en las votaciones.
Un delegado puede, por nota escrita dirigida al presidente, designar a uno de sus consejeros técnicos como suplente suyo, y dicho suplente en este carácter podrá participar en las deliberaciones y votaciones.
Los nombres de los delegados y sus consejeros técnicos serán comunicados a la oficina internacional del trabajo por el gobierno de cada uno de los miembros.
Los poderes de los delegados y de sus consejeros técnicos serán sometidos a la verificación de la conferencia, la que podrá, por mayoría de dos tercios de los sufragios emitidos por los delegados presentes, rehusarse a admitir a cualquier delegado o consejero técnico que ella no juzgara haber sido designado de conformidad con los términos del presente artículo.
Art. 390. –– Cada delegado tendrá el derecho de votar individualmente en todas las cuestiones sometidas a las deliberaciones de la conferencia.
En el caso de que uno de los miembros no hubiera designado alguno de los delegados no gubernamentales a que tiene derecho, el otro delegado no gubernamental tendrá el derecho de tomar parte en las discusiones de la conferencia pero no tendrá el derecho de votar.
En el caso en que la conferencia, en virtud de los poderes que le confiere el artículo 389, rehusara admitir a uno de los delegados de uno de los miembros, las estipulaciones del presente artículo serán aplicadas como si dicho delegado no hubiese sido designado.
Art. 391. –– Las sesiones de la conferencia tendrán lugar en la sede de la Sociedad de las Naciones, o en cualquier otro lugar que hubiera sido fijado por la conferencia, en una sesión anterior, por una mayoría de dos tercios de votos emitidos por delegados presentes.
Art. 392. –– La oficina internacional del trabajo se establecerá en la sede de la Sociedad de las Naciones y formará parte del conjunto de las instituciones de la sociedad.
Art. 393. –– La oficina internacional del trabajo será colocada bajo la dirección de un consejo de administración compuesto de 24 personas, las cuales serán designadas según las distintas posiciones siguientes:
El consejo de administración de la oficina internacional del trabajo se compondrá como sigue:
Doce personas representando a los gobiernos;
Seis personas elegidas por los delegados a la conferencia, representando a los patrones;
Seis personas elegidas por los delegados a la conferencia, representando a los empleados y obreros.
Entre las doce personas representando a los gobiernos, ocho serán nombradas por los miembros cuya importancia industrial sea más considerable y cuatro serán nombradas por las miembros designados a este efecto por los delegados gubernamentales a la conferencia, con exclusión de los delegados de los ocho miembros arriba mencionados.
Las contestaciones eventuales respecto de la cuestión de saber cuáles son los miembros que tienen importancia industrial más considerable, serán resueltas por el consejo de la Sociedad de las Naciones.
La duración del mandato de los miembros del consejo de administración, será de tres años. La manera de proveer los puestos vacantes y demás cuestiones de la misma naturaleza podrán ser regladas por el consejo de administración bajo reserva de la aprobación por la conferencia.
El consejo de administración elegirá a uno de sus miembros como presidente y establecerá su reglamento. Se reunirá en las épocas que él mismo fijará. Se celebrará una sesión especial cada vez que diez miembros del consejo, por lo menos, hayan formulado un pedido escrito a este respecto.
Art. 394. –– Al frente de la oficina internacional del trabajo será puesto un director, designado por el consejo de administración del cual recibirá sus instrucciones y frente al cual será responsable de la buena marcha de la oficina, así como de la ejecución de todas las demás tareas que hubieran podido serle confiadas.
El director o su suplente asistirán a todas las sesiones del consejo de administración.
Art. 395. –– El personal de la oficina internacional del trabajo será elegido por el director. La designación deberá recaer, en la medida compatible con la preocupación de obtener el mejor rendimiento, en personas de diferentes nacionalidades. Cierto número de esas personas deberán ser mujeres.
Art. 396. –– Las funciones de la oficina internacional del trabajo comprenderán la centralización y la distribución de todas las informaciones concernientes a la reglamentación internacional de la condición de los trabajadores y del régimen del trabajo y, en particular, el estudio de las cuestiones que tiene el encargo de someter a las discusiones de la conferencia para la celebración de convenciones internacionales, así como la ejecución de todas las encuestas especiales prescriptas por la conferencia.
Estará encargada de preparar la orden del día de las sesiones de la conferencia.
Desempeñará, de conformidad con lo estipulado en la presente parte de este tratado, los deberes que le incumbe en lo tocante a todas las diferencias internacionales.
Redactará y publicará en francés, en inglés y en cualquier otro idioma que el consejo de administración juzgare conveniente, un boletín periódico consagrado al estudio de las cuestiones concernientes a la industria y al trabajo que presenten un interés internacional.
De una manera general tendrá, además de las funciones indicadas en el presente artículo, todos los demás poderes y funciones que la conferencia juzgara apropiado atribuirle.
Art. 397. –– Los ministerios de los miembros que se ocupan de las cuestiones obreras podrán relacionarse directamente con el director por intermedio del representante de su gobierno en el consejo de administración de la oficina internacional del trabajo, o, a falta de tal representante, por intermedio de cualquier otro funcionario debidamente calificado y designado a este efecto por el gobierno interesado.
Art. 398. –– La oficina internacional del trabajo podrá pedir el concurso del secretario general de la Sociedad de las Naciones para todas las cuestiones en que tal concurso pudiera ser prestado.
Art. 399. ––– Cada uno de los miembros pagará los gastos del viaje y de estada de sus delegados y de sus consejeros técnicos, así como los de sus representantes que tomen parte en las sesiones de la conferencia y del consejo de administración según los casos.
Todos los demás gastos de la oficina internacional del trabajo, de las sesiones de la conferencia o de las del consejo de administración, serán reembolsados al director por el secretario general de la Sociedad de las Naciones con el presupuesto general de la sociedad.
El director será responsable, ante el secretario general de la Sociedad de las Naciones, por el empleo de todos los fondos que le hayan sido entregados de conformidad con las estipulaciones del presente artículo.
CAPITULO SEGUNDO –– Funcionamiento
Art. 400. –– El consejo de administración establecerá la orden del día de las sesiones de la conferencia luego de haber examinado todas las proposiciones hechas por el gobierno de uno de los miembros o por cualquiera otra organización prevista en el artículo 389 respecto de las materias a inscribirse en dicha orden del día.
Art. 401. –– El director desempeñará las funciones de secretario general de la conferencia y deberá hacer llegar la orden del día de cada sesión, cuatro meses antes de la apertura de esa sesión, a cada uno de los miembros, y, por intermedio de éstos, a los delegados no gubernamentales, cuando estos últimos hubieran sido designados.
Art. 402. –– Cada uno de los gobiernos de los miembros tendrá el derecho de observar a que uno o varios de los temas previstos sean inscriptos en la orden del día de la sesión. Los motivos justificando esa oposición deberán ser expuestos en una memoria explicativa dirigida al director, quien deberá comunicarla a los miembros de la organización permanente.
Los temas a los cuales se haya hecho oposición permanecerán, sin embargo, incluidos en el orden del día si la conferencia lo decide así por mayoría de dos tercios de los votos emitidos por los delegados presentes.
Todo asunto respecto del cual la conferencia decida, por la misma mayoría de dos tercios, que ella sea examinada (a diferencia de lo previsto en el inciso que antecede), será remitido a la orden del día de la sesión siguiente.
Art. 403. –– La conferencia formulará las reglas de su funcionamiento; ella elegirá a su presidente; podrá nombrar comisiones encargadas de presentar informes sobre cualesquiera cuestiones que estime deba poner a estudio.
La simple mayoría de votos emitidos por los miembros presentes de la conferencia decidirá en todos los casos en que una mayoría más fuerte no sea especialmente prevista por otros artículos de la presente parte de este tratado.
Ningún voto es válido si el número de sufragios emitidos es inferior a la mitad del número de los delegados presentes en la sesión.
Art. 404. –– La conferencia podrá agregar a las comisiones que constituya, consejeros técnicos que tendrán voz consultiva, pero no deliberativa.
Art. 405. –– Si la conferencia se pronuncia por la adopción de proposiciones relativas a un objeto en la orden del día, tendrá que determinar si dichas proposiciones deberán tomar la forma: a) de una "recomendación" a someter al examen de los miembros, con el fin de llevarla a efecto bajo forma de ley nacional o de otra manera; b) o bien, de un proyecto de convención internacional a ratificar por los miembros.
En los dos casos, para que una recomendación o un proyecto de convención sea adoptado en votación final por la conferencia, se requiere una mayoría de los dos tercios de votos de los delegados presentes.
Al formular una recomendación o un proyecto de convención de aplicación general la conferencia deberá tener en cuenta los países cuyo clima, desarrollo incompleto de la organización industrial u otras circunstancias particulares hagan las condiciones de la industria esencialmente diferentes, y ella deberá sugerir aquellas modificaciones que considerara necesarias para responder a las condiciones propias de esos países.
Un ejemplar de la recomendación o del proyecto de convención será firmado por el presidente de la conferencia y el director y depositado en manos del secretario general de la Sociedad de las Naciones. Este comunicará una copia certificada conforme de la recomendación o del proyecto de convención a cada uno de los miembros.
Cada uno de los miembros se compromete a someter en el plazo de un año, a contar de la clausura de la sesión de la conferencia (o, si a consecuencia de circunstancias excepcionales es imposible proceder en el término de un año, desde que sea posible, pero nunca después de los dieciocho meses después de la clausura de la sesión de la conferencia), la recomendación o el proyecto de convención a la autoridad o autoridades en cuya competencia entre la materia, a fin de transformarla en ley o adoptar medidas de otro orden.
Si se trata de una recomendación, los miembros informarán al secretario general sobre las medidas tomadas.
Si se trata de un proyecto de convención, el miembro que haya obtenido el consentimiento de la autoridad o autoridades competentes, comunicará su ratificación formal de la convención al secretario general y tomará aquellas medidas que sean necesarias para hacer efectivas las disposiciones de dicha convención.
Si una recomendación no es seguida de un acto legislativo u otras medidas de naturaleza tal que hagan efectiva esa recomendación o bien si un proyecto de convención no halla el asentimiento de la autoridad o autoridades en cuya competencia entra la materia, el miembro no será sometido a ninguna otra obligación.
En el caso de que se trate de un Estado federal cuyo poder de adherir a una convención sobre objetos concernientes al trabajo esté sometido a ciertas restricciones, el gobierno tendrá el derecho de considerar un proyecto de convención al que se apliquen esas limitaciones como una simple recomendación y las disposiciones del presente artículo en lo que respecta a las recomendaciones no se aplicarán en este caso.
El artículo susodicho se interpretará de conformidad con el siguiente principio:
En ningún caso podrá pedirse a ninguno de los miembros como consecuencia de la adopción por la conferencia de una recomendación o de un proyecto de convención, que disminuya la protección ya acordada por su legislación a los trabajadores de que se trata.
Art. 406. –– Toda convención así ratificada será registrada por el secretario general de la Sociedad de las Naciones, pero no obligará más que a los miembros que la hayan ratificado.
Art. 407. –– Todo proyecto que, en la votación final del conjunto, no consiga la mayoría de los dos tercios de votos emitidos por los miembros presentes, puede ser objeto de una convención particular entre aquellos miembros de la organización permanente que lo deseen.
Toda convención particular de esta naturaleza deberá ser comunicada por los gobiernos interesados al secretario general de la Sociedad de las Naciones, quien la hará registrar.
Art. 408. –– Cada uno de los miembros se compromete a presentar a la oficina internacional del trabajo un informe anual sobre las medidas tomadas por él para poner en ejecución las convenciones a las que se hubiera adherido. Estos informes serán redactados en la forma indicada por el consejo de administración y deberán contener las especificaciones pedidas por este último. El director presentará un resumen de esos informes en la sesión más próxima de la conferencia.
Art. 409. –– Toda reclamación dirigida a la oficina internacional del trabajo por una organización profesional obrera o patronal, según la cual uno cualesquiera de los miembros no haya asegurado en forma satisfactoria la ejecución de una convención a que dicho miembro se ha adherido, podrá ser transmitida por el consejo de administración al gobierno reclamado y este gobierno podrá ser invitado a hacer en la materia la declaración que juzgare conveniente.
Art. 410. –– Si no se recibiera ninguna declaración del gobierno reclamado dentro de un plazo razonable, o si la declaración recibida no pareciese satisfactoria al consejo de administración, este último tendrá el derecho de hacer pública la reclamación recibida y, si del caso fuera, la respuesta dada.
Art. 411. –– Cada uno de los miembros podrá depositar una queja en la oficina internacional del trabajo contra otro miembro que, a su parecer, no asegurara de una manera satisfactoria la ejecución de una convención que uno y otro hubieran ratificado en virtud de los artículos precedentes.
El consejo de administración puede, si juzga apropiado, y antes de dirigirse a una comisión de encuesta según el procedimiento indicado a continuación, ponerse en relaciones con el gobierno reclamado, en la forma indicada por el artículo 409.
Si el consejo de administración no juzga necesario comunicar la queja el gobierno reclamado, o si una vez hecha esa comunicación no se ha recibido respuesta que satisfaga al consejo de administración en un plazo razonable, el consejo podrá provocar la formación de una comisión de encuesta que tendrá la misión de estudiar la cuestión promovida y de poner un informe a su respecto.
El mismo procedimiento podrá ser empleado por el consejo, sea de oficio, sea por queja de un delegado a la conferencia.
Cuando una cuestión planteada en aplicación de los artículos 410 y 411 se lleve ante el consejo de administración, el gobierno reclamado, si ya no tiene representante en el seno del consejo de administración, tendrá el derecho de designar un delegado para tomar parte en las deliberaciones del consejo, relativas a ese asunto. La fecha en que esas discusiones deban tener lugar será notificada en tiempo útil al gobierno reclamado.
Art. 412. –– La comisión de encuesta se constituirá de la siguiente manera: Cada uno de los miembros se compromete a designar, en los seis meses que sigan a la fecha de la entrada en vigencia del presente tratado, tres personas competentes en cuestiones industriales, la primera, en representación de los patrones, la segunda, en representación de los obreros y la tercera, independiente de unos y otros. El conjunto de esas personas formará una lista de la que serán elegidos los miembros de la comisión de encuesta.
El consejo de administración tendrá el derecho de verificar los títulos de dichas personas y de rehusar, mediante mayoría de dos tercios de los votos emitidos por los representantes presentes, el nombramiento de aquellas cuyos títulos no satisficieran las prescripciones del presente artículo.
A pedido del consejo de administración, el secretario general de la Sociedad de las Naciones designará a tres personas elegidas respectivamente en cada una de las tres categorías de la lista, para constituir la comisión de encuesta y designará, además, una de esas tres personas para presidir dicha comisión. Ninguna de las tres personas así designadas podrá depender de uno de los miembros directamente interesados en la queja.
Art. 413. –– En el caso en que una queja fuera remitida, en virtud del artículo 411, a una comisión de encuesta cada uno de los miembros, esté o no directamente interesado en la queja, se compromete a poner a disposición de la comisión toda información que se hallara en su posesión, relativa al objeto de la queja.
Art. 414. –– La comisión de encuesta, después de un estudio a fondo de la queja, redactará un informe en el que consignará sus verificaciones sobre todos los puntos de hecho que permitan precisar el alcance de la contienda, así como las recomendaciones que crea deber formular en cuanto a las medidas a tomar para dar satisfacción al gobierno reclamante y en lo que respecta a los plazos en que han de ser tomadas esas medidas.
Ese informe indicará, igualmente, si del caso fuera, las sanciones de orden económico contra el gobierno reclamado que la comisión juzgare convenientes y cuya aplicación por los demás gobiernos le pareciera justificada.
Art. 415. –– El secretario general de la Sociedad de las Naciones comunicará el informe de la comisión de encuesta a cada uno de los gobiernos interesados en la diferencia y asegurará su publicación.
Cada uno de los gobiernos interesados deberá significar al secretario general de la Sociedad de las Naciones, en el plazo de un mes, si acepta o no las recomendaciones contenidas en el informe de la comisión y, en el caso de que no las aceptara, si desea someter la diferencia a la Corte Permanente de Justicia Internacional de la Sociedad de las Naciones.
Art. 416. –– En el caso de que uno de los miembros no tomare, en lo relativo a una recomendación o a un proyecto de convención, las medidas prescriptas en el artículo 405, cualquier otro miembro tendrá el derecho de denunciarlo a la Corte Permanente de Justicia Internacional.
Art. 417. –– La decisión de la Corte Permanente de Justicia Internacional concerniente a una queja o cuestión que le hubiere sido sometida de acuerdo con los artículos 415 ó 416, no será susceptible de apelación.
Art. 418. –– Las conclusiones o recomendaciones eventuales de la comisión de encuesta podrán ser confirmadas, enmendadas o anuladas por la Corte Permanente de Justicia Internacional, la que deberá llegado el caso, indicar las sanciones de orden económico que creyera conveniente tomar respecto de un gobierno en falta y cuya aplicación por los demás gobiernos le pareciera justificada.
Art. 419. –– Si un miembro cualquiera no se conforma, dentro del plazo prescripto, a las recomendaciones eventualmente contenidas, sea en el informe de la comisión de encuesta o en la decisión de la Corte Permanente de Justicia Internacional, cualquier otro miembro podrá aplicar a dicho miembro las sanciones de orden económico que el informe de la comisión o la decisión de la corte hubieran declarado aplicables en el caso.
Art. 420. –– El gobierno en falta puede, en todo momento, informar al consejo de administración haber tomado las medidas necesarias para conformarse, sea a las recomendaciones de la comisión de encuesta o a las contenidas en la decisión de la Corte Permanente de Justicia Internacional y puede pedir al consejo de querer hacer constituir por el secretario general de la Sociedad de las Naciones, una comisión de encuesta encargada de verificar sus afirmaciones. En este caso se aplicarán las disposiciones de los artículos 412, 413, 414, 415, 417 y 418, y si el informe de la comisión de encuesta o la decisión de la Corte Permanente de Justicia Internacional son favorables al gobierno en falta, los demás gobiernos deberán inmediatamente hacer cesar las medidas de orden económico que hubieren tomado contra ese Estado.
CAPITULO TERCERO –– Prescripciones generales
Art. 421. –– Los miembros se comprometen a aplicar las convenciones a que hubieren adherido de conformidad con las estipulaciones de la presente parte de este tratado, a aquellas de sus colonias o posesiones y a aquellos de sus protectorados que no se gobiernen plenamente por sí mismos, pero con las reservas siguientes:
1° Que la convención no se haga inaplicable por las condiciones locales;
2° Que las modificaciones que fueren necesarias para adaptar la convención a las condiciones locales, puedan ser introducidas en ella.
Cada uno de los miembros deberá notificar a la oficina internacional del trabajo la decisión que se propone tomar en lo concerniente a cada una de sus colonias o posesiones o cada uno de sus protectorados que no se gobiernan plenamente por sí mismos.
Art. 422. –– Las enmiendas a la presente parte de este tratado, que fueran adoptadas por la conferencia por mayoría de dos tercios de votos emitidos por los delegados presentes, serán ejecutoriadas cuando hayan sido ratificadas por los Estados cuyos representantes forman el consejo de la Sociedad de las Naciones y por las tres cuartas partes de los miembros.
Art. 423. –– Todas las cuestiones o dificultades relativas a la interpretación de la presente parte de este tratado y de las convenciones ulteriormente concluidas por los miembros, en virtud de dicha parte, serán sometidas a la apreciación de la Corte Permanente de Justicia Internacional.
CAPITULO CUARTO –– Medidas transitorias
Art. 424. –– La primera sesión de la conferencia tendrá lugar en el mes de octubre de 1919. El lugar y la orden del día de la sesión son determinados en el anexo adjunto.
La convocación y organización de esta primera sesión serán aseguradas por el gobierno designado a este efecto en el anexo susodicho. El gobierno será asesorado en lo concerniente a la preparación de los documentos, por una comisión internacional cuyos miembros serán designados en el mismo anexo.
Los gastos de esta primera sesión y de cualquier otra sesión ulterior hasta el momento en que los créditos necesarios hayan podido ser inscriptos en el presupuesto de la Sociedad de las Naciones, con excepción de los gastos de desplazamiento de los delegados y consejeros técnicos, serán repartidos entre los miembros en las proporciones establecidas para la Oficina Internacional de la Unión Postal Universal.
Art. 425. –– Hasta que la Sociedad de las Naciones quede constituida, todas las comunicaciones que debieran dirigirse, en virtud de los artículos precedentes, al secretario general de la sociedad, serán conservadas por el director de la oficina internacional del trabajo, quien las pondrá en conocimiento del secretario general.
Art. 426. –– Hasta la creación de la Corte Permanente de Justicia Internacional, las diferencias que deben serle sometidas en virtud de la presente parte de este tratado; serán dirigidas a un tribunal formado de tres personas designadas por el consejo de la Sociedad de las Naciones.
ANEXO
Primera sesión de la conferencia del trabajo, 1919
El lugar de la conferencia será Wáshington.
El gobierno de los Estados Unidos de América será solicitado para convocar la conferencia.
El comité internacional de organización se compondrá de siete personas, respectivamente, designadas por los gobiernos de Estados Unidos, Gran Bretaña, Francia, Italia, Japón, Bélgica y Suiza. El comité podrá, si lo juzga necesario, invitar a otros miembros a hacerse representar en su seno.
La orden del día será la siguiente:
1° Aplicación del principio de la jornada de 8 horas o de la semana de 48 horas;
2° Cuestiones relativas a los medios de prevenir la desocupación y remediar sus consecuencias;
3° Empleo de mujeres:
a) Antes o después del parto (inclusive la cuestión de la indemnización de maternidad);
b) Durante la noche;
c) En los trabajos insalubres.
4° Empleo de niños:
a) Edad de adminisión al trabajo;
b) Trabajo de noche;
c) Trabajos insalubres.
5° Extensión y aplicación de las convenciones internacionales adoptadas en Berna en 1906 sobre la prohibición del trabajo nocturno de las mujeres empleadas en la industria, y sobre la prohibición del empleo del fósforo blanco (amarillo en la industria de las cerillas).
SECCION II –– Principios generales
Art. 427. –– Las altas partes contratantes, reconociendo que el bienestar físico, moral e intelectual de los trabajadores asalariados es de una importancia esencial desde el punto de vista internacional, han establecido, para llegar a este objeto elevado, el organismo permanente previsto en la Sección I y asociado al de la Sociedad de las Naciones.
Ellas reconocen que las diferencias de clima, de costumbres y de usos, de oportunidad económica y de tradición industrial, hacen difícil alcanzar de una manera inmediata la uniformidad absoluta en las condiciones del trabajo. Pero, persuadidas como están de que el trabajo no debe ser considerado simplemente como un artículo de comercio, piensan que hay métodos y principios de reglamentación de las condiciones del trabajo que todas las comunidades industriales deberán esforzarse en aplicar, en cuanto lo permitan las circunstancias especiales en que puedan encontrarse.
Entre esos métodos y principios, las Altas Partes Contratantes consideran ser de una importancia particular y urgentes, los siguientes:
1. –– El principio director arriba enunciado, de que el trabajo no debe ser considerado simplemente como una mercancía o un artículo de comercio;
2. –– El derecho de asociación para todos los objetos no contrarios a las leyes, tanto para los asalariados como para los empleadores;
3. –– El pago a los trabajadores, de un salario que les asegure un nivel de vida conveniente, tal como se comprende en su tiempo y en su país;
4. –– La adopción de la jornada de ocho horas o de la semana de cuarenta y ocho horas, como objetivo a alcanzar en todas partes en que aun no haya sido obtenido;
5. –– La adopción de un descanso hebdomadario de veinticuatro horas como mínimum, que debería comprender el domingo, siempre que fuera posible;
6. –– La supresión del trabajo de los niños y la obligación de introducir en el trabajo de los jóvenes de ambos sexos las limitaciones necesarias que les permitan continuar su educación y asegurar su desarrollo físico;
7. –– El principio del salario igual, sin distinción de sexo, por un trabajo de igual valor;
8. –– Las reglas dictadas en cada país sobre las condiciones del trabajo deberán asegurar un tratamiento económico, equitativo a todos los obreros que legalmente residan en el país;
9. –– Cada Estado deberá organizar un servicio de inspección en el que haya mujeres, con el fin de asegurar la aplicación de las leyes y reglamentos de protección de los obreros.
Sin proclamar que esos principios y esos métodos son completos o definitivos, las Altas Partes Contratantes opinan que son apropiados para guiar la política de la Sociedad de las Naciones; y que si son adoptados por las comunidades industriales que son miembros de la Sociedad de las Naciones, y si son mantenidos intactos en la práctica por un cuerpo apropiado de inspectores, extenderán beneficios permanentes para los asalariados del mundo.
PARTE XIV
Garantías de Ejecución
Sección Primera: Europa Occidental
Artículo
428. A título de garantía de ejecución, por parte de Alemania, del presente
Tratado, los territorios alemanes situados al oeste del Rhin, juntamente con las
cabezas de puente, serán ocupadas por las tropas de las Potencias aliadas y
asociadas durante un período de quince años, desde que entre en vigor el
presente Tratado.
ARTICLE 429.
If the conditions of the present Treaty are faithfully
carried out by Germany, the occupation referred to in Article 428 will be
successively restricted as follows:
(1) At the expiration of five years there will be
evacuated: the bridgehead of Cologne and the territories north of a line running
along the Ruhr, then along the railway Julich, Duren, Euskirchen, Rheinbach,
thence along the road Rheinbach to Sinzig, and reaching the Rhine at the
confluence with the Ahr; the roads, railways and places mentioned above being
excluded from the area evacuated.
(2) At the expiration of ten years there will be
evacuated: the bridgehead of Coblenz and the territories north of a line to be
drawn from the intersection between the frontiers of Belgium, Germany and
Holland, running about from 4 kilometres south of Aix-la-Chapelle, then to and
following the crest of Forst Gemund, then east of the railway of the Urft
valley, then along Blankenheim, Valdorf, Dreis, Ulmen to and following the
Moselle from Bremm to Nehren, then passing by Kappel and Simmern, then following
the ridge of the heights between Simmern and the Rhine and reaching this river
at Bacharach; all the places valleys, roads and railways mentioned above being
excluded from the area evacuated.
(3) At the expiration of fifteen years there will be
evacuated: the bridgehead of Mainz, the bridgehead of Kehl and the remainder of
the German territory under occupation.
If at that date the guarantees against unprovoked
aggression by Germany are not considered sufficient by the Allied and Associated
Governments, the evacuation of the occupying troops may be delayed to the extent
regarded as necessary for the purpose of obtaining the required guarantees.
ARTICLE 430.
In case either during the occupation or after the
expiration of the fifteen years referred to above the Reparation Commission
finds that Germany refuses to observe the whole or part of her obligations under
the present Treaty with regard to reparation, the whole or part of the areas
specified in Article 429 will be reoccupied immediately by the Allied and
Associated forces.
ARTICLE 431.
If before the expiration of the period of fifteen years
Germany complies with all the undertakings resulting from the present Treaty,
the occupying forces will be withdrawn immediately.
ARTICLE 432.
All matters relating to the occupation and not provided
for by the present Treaty shall be regulated by subsequent agreements, which
Germany hereby undertakes to observe.
SECTION II.
Europa Oriental
Artículo 433.
En garantía
de la ejecución de las disposiciones del presente Tratado, por las cuales
reconoce Alemania definitivamente la derogación del Tratado de Brest-Litovsk y
de todos los tratados, convenios y arreglos concertados por ella con el gobierno
maximalista de Rusia y a fin de asegurar el restablecimiento de la paz y de un
buen gobierno de las provincias bálticas y en Lituania, todas las tropas
alemanas que se encuentran actualmente en dichos territorios regresarán al
interior de las fronteras de Alemania, en cuanto los gobiernos de las
principales Potencias aliadas y asociadas estimen llegado el momento, teniendo
en cuenta la situación interior de dichos territorios. These troops shall abstain from all requisitions and
seizures and from any other coercive measures, with a view to obtaining supplies
intended for Germany, and shall in no way interfere with such measures for
national defence as may be adopted by the Provisional Governments of Esthonia,
Latvia, and Lithuania.
No other German troops shall, pending the evacuation or
after the evacuation is complete, be admitted to the said territories.
PART XV.
MISCELLANEOUS PROVISIONS.
ARTICLE 434.
Germany undertakes to recognise the full force of the
Treaties of Peace and Additional Conventions which may be concluded by the
Allied and Associated Powers with the Powers who fought on the side of Germany
and to recognise whatever dispositions nay be made concerning the territories of
the former Austro-Hungarian Monarchy, of the Kingdom of Bulgaria and of the
Ottoman Empire, and to recognise the new States within their frontiers as there
laid down.
ARTICLE 435.
The High Contracting Parties, while they recognise the
guarantees stipulated by the Treaties of 1815, and especially by the Act of
November 20,1815, 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 neutralized zone of Savoy, as laid down in
paragraph 1 of Article 92 of the Final Act of the Congress of Vienna and in
paragraph 2 of Article 3 of the Treaty of Paris of November 20, 1815, are no
longer consistent with present conditions. For this reason the High Contracting
Parties take note of the agreement reached between the French Government and the
Swiss Government for the abrogation of the stipulations relating to this zone
which are and remain abrogated.
The High Contracting Parties also agree that the
stipulations of the Treaties of 1815 and of the other supplementary Acts
concerning the free zones of Upper Savoy and the Gex district are no longer
consistent with present conditions, and that it is for France and Switzerland to
come to an agreement together with a view to settling between themselves the
status of these territories under such conditions as shall be considered
suitable by both countries.
ANNEX. I.
The Swiss Federal Council has informed the French
Government on May 5, 1919, that after examining the provisions of Article 435 in
a like spirit of sincere friendship it has happily reached the conclusion that
it was possible to acquiesce in it under the following conditions and
reservations:
(1) The neutralised zone of Haute-Savoie:
(a) It will be understood that as long as the Federal
Chambers have not ratified
the agreement come to between the two Governments
concerning the abrogation of the stipulations in respect of the neutralised zone
of Savoy, nothing will be definitively settled, on one side or the other, in
regard to this subject.
(b) The assent given by the Swiss Government to the
abrogation of the above mentioned stipulations presupposes, in conformity with
the text adopted, the recognition of the guarantees formulated in favour of
Switzerland by the Treaties of 1815 and particularly by the Declaration of
November 20, 1815.
(c) The agreement between the Governments of France and
Switzerland for the abrogation of the above mentioned stipulations will only be
considered as valid if the Treaty of Peace contains this Article in its present
wording. In addition the Parties to the Treaty of Peace should endeavour to
obtain the assent of the signatory Powers of the Treaties of 1815 and of the
Declaration of November 20, 1815, which are not signatories of the present
Treaty of Peace.
(2) Free zone of Haute-Savoie and the district of Gex:
(a) The Federal Council makes the most express
reservations to the interpretation to be given to the statement mentioned in the
last paragraph of the above Article for insertion in the Treaty of Peace, which
provides that ,,the stipulations of
the Treaties of 1815 and other supplementary acts
concerning the free zones of Haute-Savoie and the Gex district are no longer
consistent with present conditions.,, The Federal Council would not wish that
its acceptance of the above wording should lead to the conclusion that it would
agree to the suppression of a system intended to give neighbouring territory the
benefit of a special regime which is appropriate to the geographical and
economical situation and which has been well tested.
In the opinion of the Federal Council the question is
not the modification of the customs system of the zones as set up by the
Treaties mentioned above, but only the regulation in a manner more appropriate
to the economic conditions of the present day of the terms of the exchange of
goods between the regions in question. The Federal Council has been led to make
the preceding observations by the perusal of the draft Convention concerning the
future constitution of the zones which was annexed to the note of April 26 from
the French Government. While making the above reservations the Federal Council
declares its readiness to examine in the most friendly spirit any proposals
which the French Government may deem it convenient to make on the subject.
(b) It is conceded that the stipulations of the
Treaties of 1815 and other supplementary acts relative to the free zones will
remain in force until a new arrangement is come to between France and
Switzerland to regulate matters in this territory.
II.
The French Government have addressed to the Swiss
Government, on May 18,1919, the following note in reply to the communication set
out in the preceding paragraph:
In a note dated May 5 the Swiss Legation in Paris was
good enough to inform the Government of the French Republic that the Federal
Government adhered to the proposed Article to be inserted in the Treaty of Peace
between the Allied and Associated Governments and Germany.
The French Government have taken note with much
pleasure of the agreement thus reached, and, at their request, the proposed
Article, which had been accepted by the Allied and Associated Governments, has been inserted under No. 435 in
the Peace conditions presented to the German Plenipotentiaries.
The Swiss Government, in their note of May 5 on this
subject, have expressed various views and reservations.
Concerning the observations relating to the free zones
of Haute-Savoie and the Gex district, the French Government have the honour to
observe that the provisions of the last paragraph of Article 435 are so clear
that their purport cannot be misapprehended, especially where it 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
the 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 1815 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 1 (a), of the Swiss note of May 5, under the heading "Neutralised
zone of Haute-Savoie."
ARTICLE 436.
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 437.
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
entitled to a second vote.
ARTICLE 438.
The Allied and Associated Powers agree that where
Christian religious missions were being maintained by German 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.
Germany, 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 439.
Without prejudice to the provisions of the present
Treaty, Germany undertakes not to put forward directly or indirectly against any
Allied or Associated Power, signatory of the present Treaty, including those
which without having declared war, have broken off diplomatic relations with the
German Empire, any pecuniary claim based on events which occurred at any time
before the coming into force of the present Treaty.
The present stipulation will bar completely and finally
all claims of this
nature, which will be thenceforward extinguished,
whoever maybe the parties in
interest.
ARTICLE 440.
Germany accepts and recognises as valid and binding all
decrees and orders concerning German ships and 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 German national.
The Allied and Associated Powers reserve the right to
examine in such manner as they may determine all decisions and orders of German
Prize Courts, whether affecting the property rights o, nationals of those Powers
or of neutral Powers. Germany 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.
THE PRESENT TREATY, of which the French and English
texts are both authentic, shall be ratified.
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 proces-verbal of the deposit of ratifications
will be drawn up as soon as the Treaty has been ratified by Germany on the one
hand, and by three of the Principal Allied and Associated Powers on the other
hand.
From the date of this first proces-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 proces-verbaux of the deposit of
ratifications.
IN FAITH WHEREOF
the above-named Plenipotentiaries have signed the present Treaty.
Done at
Versailles, the twenty-eighth day of June, 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.