On this day in 1919, the gigantic treaty concluding the Great War was signed by the Germans with great reluctance, officially bringing World War One to a close.
Everyone once and a while here we post something that we know will never be read in its entirety, and this is just such a post. More than anything else, this post might simply serve to demonstrate how gigantic this treaty was.
Commentary is provided at the end of the post, for those whose eyes have not glazed over due to the sheer bulk of seeing how long it really was.
First, the text. . . the entire text, of the treaty:
THE COVENANT OF THE LEAGUE OF NATIONS.
THE HIGH CONTRACTING PARTIES, In order to promote international
co-operation and to achieve international peace and security by the
acceptance of obligations not to resort to war by the prescription of
open, just and honourable relations between nations by the firm
establishment of the understandings of international law as the actual
rule of conduct among Governments, and by the maintenance of justice and
a scrupulous respect for all treaty obligations in the dealings of
organised peoples with one another Agree to this Covenant of the League
of Nations.
ARTICLE 1.
The original Members of the League of Nations shall be those of the Signatories which are named in the Annex
to this Covenant and also such of those other States named in the Annex
as shall accede without reservation to this Covenant. Such accession
shall be effected by a Declaration deposited with the Secretariat within
two months of the coming into force of the Covenant Notice thereof
shall be sent to all other Members of the League. Any fully
self-governing State, Dominion, or Colony not named in the Annex
may become a Member of the League if its admission is agreed to by
two-thirds of the Assembly provided that it shall give effective
guarantees of its sincere intention to observe its international
obligations, and shall accept such regulations as may be prescribed by
the League in regard to its military, naval, and air forces and
armaments.Any Member of the League may, after two years notice of its
intention so to do, withdraw from the League, provided that all its
international obligations and all its obligations under this Covenant
shall have been fulfilled at the time of its withdrawal.
ARTICLE 2.
The action of the League under this Covenant shall be effected
through the instrumentality of an Assembly and of a Council, with a
permanent Secretariat.
ARTICLE 3.
The Assembly shall consist of Representatives of the Members of the
League. The Assembly shall meet at stated intervals and from time to
time as occasion may require at the Seat of the League or at such other
place as may be decided upon.The Assembly may deal at its meetings with
any matter within the sphere of action of the League or affecting the
peace of the world. At meetings of the Assembly each Member of the
League shall have one vote, and may not have more than three
Representatives.
ARTICLE 4.
The Council shall consist of Representatives of the Principal Allied
and Associated Powers, together with Representatives of four other
Members of the League. These four Members of the League shall be
selected by the Assembly from time to time in its discretion. Until the
appointment of the Representatives of the four Members of the League
first selected by the Assembly, Representatives of Belgium, Brazil,
Spain, and Greece shall be members of the Council. With the approval of
the majority of the Assembly, the Council may name additional Members of
the League whose Representatives shall always be members of the
Council; the Council with like approval may increase the number of
Members of the League to be selected by the Assembly for representation
on the Council. The Council shall meet from time to time as occasion may
require, and at least once a year, at the Seat of the League, or at
such other place as may be decided upon. The Council may deal at its
meetings with any matter within the sphere of action of the League or
affecting the peace of the world. Any Member of the League not
represented on the Council shall be invited to send a Representative to
sit as a member at any meeting of the Council during the consideration
of matters specially affecting the interests of that Member of the
League. At meetings of the Council, each Member of the League
represented on the Council shall have one vote, and may have not more
than one Representative.
ARTICLE 5.
Except where otherwise expressly provided in this Covenant or by the
terms of the present Treaty, decisions at any meeting of the Assembly or
of the Council shall require the agreement of all the Members of the
League represented at the meeting. All matters of procedure at meetings
of the Assembly or of the Council, including the appointment of
Committees to investigate particular matters, shall be regulated by the
Assembly or by the Council and may be decided by a majority of the
Members of the League represented at the meeting. The first meeting of
the Assembly and the first meeting of the Council shall be summoned by
the President of the United States of America.
ARTICLE 6.
The permanent Secretariat shall be established at the Seat of the
League. The Secretariat shall comprise a Secretary General and such
secretaries and staff as may be required.The first Secretary General
shall be the person named in the Annex;
thereafter the Secretary General shall be appointed by the Council with
the approval of the majority of the Assembly.The secretaries and staff
of the Secretariat shall be appointed by the Secretary General with the
approval of the Council.The Secretary General shall act in that capacity
at all meetings of the Assembly and of the Council.The expenses of the
Secretariat shall be borne by the Members of the League in accordance
with the apportionment of the expenses of the International Bureau of
the Universal Postal Union.
ARTICLE 7.
The Seat of the League is established at Geneva. The Council may at
any time decide that the Seat of the League shall be established
elsewhere. All positions under or in connection with the League,
including the Secretariat, shall be open equally to men and women.
Representatives of the Members of the League and officials of the League
when engaged on the business of the League shall enjoy diplomatic
privileges and immunities. The buildings and other property occupied by
the League or its officials or by Representatives attending its meetings
shall be inviolable.
ARTICLE 8.
The Members of the League recognise that the maintenance of peace
requires the reduction of national armaments to the lowest point
consistent with national safety and the enforcement by common action of
international obligations. The Council, taking account of the
geographical situation and circumstances of each State, shall formulate
plans for such reduction for the consideration and action of the several
Governments. Such plans shall be subject to reconsideration and
revision at least every ten years. After these plans shall have been
adopted by the several Governments, the limits of armaments therein
fixed shall not be exceeded without the concurrence of the Council. The
Members of the League agree that the manufacture by private enterprise
of munitions and implements of war is open to grave objections. The
Council shall advise how the evil effects attendant upon such
manufacture can be prevented, due regard being had to the necessities of
those Members of the League which are not able to manufacture the
munitions and implements of war necessary for their safety. The Members
of the League undertake to interchange full and frank information as to
the scale of their armaments, their military, naval, and air programmes
and the condition of such of their industries as are adaptable to
war-like purposes.
ARTICLE 9.
A permanent Commission shall be constituted to advise the Council on the execution of the provisions of Articles 1 and 8 and on military, naval, and air questions generally.
ARTICLE 10.
The Members of the League undertake to respect and preserve as
against external aggression the territorial integrity and existing
political independence of all Members of the League. In case of any such
aggression or in case of any threat or danger of such aggression the
Council shall advise upon the means by which this obligation shall be
fulfilled.
ARTICLE 11.
Any war or threat of war, whether immediately affecting any of the
Members of the League or not, is hereby declared a matter of concern to
the whole League, and the League shall take any action that may be
deemed wise and effectual to safeguard the peace of nations. In case any
such emergency should arise the Secretary General shall on the request
of any Member of the League forthwith summon a meeting of the Council.
It is also declared to be the friendly right of each Member of the
League to bring to the attention of the Assembly or of the Council any
circumstance whatever affecting international relations which threatens
to disturb international peace or the good understanding between nations
upon which peace depends.
ARTICLE 12.
The Members of the League agree that if there should arise between
them any dispute likely to lead to a rupture, they will submit the
matter either to arbitration or to inquiry by the Council, and they
agree in no case to resort to war until three months after the award by
the arbitrators or the report by the Council. In any case under this
Article the award of the arbitrators shall be made within a reasonable
time, and the report of the Council shall be made within six months
after the submission of the dispute.
ARTICLE 13.
The Members of the League agree that whenever any dispute shall arise
between them which they recognise to be suitable for submission to
arbitration and which cannot be satisfactorily settled by diplomacy,
they will submit the whole subject-matter to arbitration. Disputes as to
the interpretation of a treaty, as to any question of international
law, as to the existence of any fact which if established would
constitute a breach of any international obligation, or as to the extent
and nature of the reparation to be made or any such breach, are
declared to be among those which are generally suitable for submission
to arbitration. For the consideration of any such dispute the court of
arbitration to which the case is referred shall be the Court agreed on
by the parties to the dispute or stipulated in any convention existing
between them. The Members of the League agree that they will carry out
in full good faith any award that may be rendered, and that they will
not resort to war against a Member of the League which complies
therewith. In the event of any failure to carry out such an award, the
Council shall propose what steps should be taken to give effect thereto.
ARTICLE 14.
The Council shall formulate and submit to the Members of the League
for adoption plans for the establishment of a Permanent Court of
International Justice. The Court shall be competent to hear and
determine any dispute of an international character which the parties
thereto submit to it. The Court may also give an advisory opinion upon
any dispute or question referred to it by the Council or by the
Assembly.
ARTICLE 15.
If there should arise between Members of the League any dispute
likely to lead to a rupture, which is not submitted to arbitration in
accordance with Article 13,
the Members of the League agree that they will submit the matter to the
Council. Any party to the dispute may effect such submission by giving
notice of the existence of the dispute to the Secretary General, who
will make all necessary arrangements for a full investigation and
consideration thereof. For this purpose the parties to the dispute will
communicate to the Secretary General, as promptly as possible,
statements of their case with all the relevant facts and papers, and the
Council may forthwith direct the publication thereof. The Council shall
endeavour to effect a settlement of the dispute, and if such efforts
are successful, a statement shall be made public giving such facts and
explanations regarding the dispute and the terms of settlement thereof
as the Council may deem appropriate. If the dispute is not thus settled,
the Council either unanimously or by a majority vote shall make and
publish a report containing a statement of the facts of the dispute and
the recommendations which are deemed just and proper in regard thereto
Any Member of the League represented on the Council may make public a
statement of the facts of the dispute and of its conclusions regarding
the same. If a report by the Council is unanimously agreed to by the
members thereof other than the Representatives of one or more of the
parties to the dispute, the Members of the League agree that they will
not go to war with any party to the dispute which complies with the
recommendations of the report. If the Council fails to reach a report
which is unanimously agreed to by the members thereof, other than the
Representatives of one or more of the parties to the dispute, the
Members of the League reserve to themselves the right to take such
action as they shall consider necessary for the maintenance of right and
justice. If the dispute between the parties is claimed by one of them,
and is found by the Council, to arise out of a matter which by
international law is solely within the domestic jurisdiction of that
party, the Council shall so report, and shall make no recommendation as
to its settlement. The Council may in any case under this Article refer
the dispute to the Assembly. The dispute shall be so referred at the
request of either party to the dispute, provided that such request be
made within fourteen days after the submission of the dispute to the
Council. In any case referred to the Assembly, all the provisions of
this Article and of Article 12
relating to the action and powers of the Council shall apply to the
action and powers of the Assembly, provided that a report made by the
Assembly, if concurred in by the Representatives of those Members of the
League represented on the Council and of a majority of the other
Members of the League, exclusive in each case of the Representatives of
the parties to the dispute shall have the same force as a report by the
Council concurred in by all the members thereof other than the
Representatives of one or more of the parties to the dispute.
ARTICLE 16.
Should any Member of the League resort to war in disregard of its covenants under Articles 12, 13, or 15,
it shall ipso facto be deemed to have committed an act of war against
all other Members of the League, which hereby undertake immediately to
subject it to the severance of all trade or financial relations, the
prohibition of all intercourse between their nations and the nationals
of the covenant-breaking State, and the prevention of all financial,
commercial, or personal intercourse between the nationals of the
covenant-breaking State and the nationals of any other State, whether a
Member of the League or not. It shall be the duty of the Council in such
case to recommend to the several Governments concerned what effective
military, naval, or air force the Members of the League shall severally
contribute to the armed forces to be used to protect the covenants of
the League. The Members of the League agree, further, that they will
mutually support one another in the financial and economic measures
which are taken under this Article, in order to minimise the loss and
inconvenience resulting from the above measures, and that they will
mutually support one another in resisting any special measures aimed at
one of their number by the covenant-breaking State, and that they will
take the necessary steps to afford passage through their territory to
the forces of any of the Members of the League which are co-operating to
protect the covenants of the League. Any Member of the League which has
violated any covenant of the League may be declared to be no longer a
Member of the League by a vote of the Council concurred in by the
Representatives of all the other Members of the League represented
thereon.
ARTICLE 17.
In the event of a dispute between a Member of the League and a State
which is not a Member of the League, or between States not Members of
the League, the State or States, not Members of the League shall be
invited to accept the obligations of membership in the League for the
purposes of such dispute, upon such conditions as the Council may deem
just. If such invitation is accepted, the provisions of Articles 12 to 16
inclusive shall be applied with such modifications as may be deemed
necessary by the Council. Upon such invitation being given the Council
shall immediately institute an inquiry into the circumstances of the
dispute and recommend such action as may seem best and most effectual in
the circumstances.If a State so invited shall refuse to accept the
obligations of membership in the League for the purposes of such
dispute, and shall resort to war against a Member of the League, the
provisions of Article 16
shall be applicable as against the State taking such action. If both
parties to the dispute when so invited refuse to accept the obligations
of membership in the League for the purpose of such dispute, the Council
may take such measures and make such recommendations as will prevent
hostilities and will result in the settlement of the dispute.
ARTICLE 18.
Every treaty or international engagement entered into hereafter by
any Member of the League shall be forthwith registered with the
Secretariat and shall as soon as possible be published by it. No such
treaty or international engagement shall be binding until so registered.
ARTICLE 19.
The Assembly may from time to time advise the reconsideration by
Members of the League of treaties which have become inapplicable and the
consideration of international conditions whose continuance might
endanger the peace of the world.
ARTICLE 20.
The Members of the League severally agree that this Covenant is
accepted as abrogating all obligations or understandings inter se which
are inconsistent with the terms thereof, and solemnly undertake that
they will not hereafter enter into any engagements inconsistent with the
terms thereof. In case any Member of the League shall, before becoming a
Member of the League, have undertaken any obligations inconsistent with
the terms of this Covenant, it shall be the duty of such Member to take
immediate steps to procure its release from such obligations.
ARTICLE 21.
Nothing in this Covenant shall be deemed to affect the validity of
international engagements, such as treaties of arbitration or regional
understandings like the Monroe doctrine, for securing the maintenance of
peace.
ARTICLE 22.
To those colonies and territories which as a consequence of the late
war have ceased to be under the sovereignty of the States which formerly
governed them and which are inhabited by peoples not yet able to stand
by themselves under the strenuous conditions of the modern world, there
should be applied the principle that the well-being and development of
such peoples form a sacred trust of civilisation and that securities for
the performance of this trust should be embodied in this Covenant. The
best method of giving practical effect to this principle is that the
tutelage of such peoples should be entrusted to advanced nations who by
reason of their resources, their experience or their geographical
position can best undertake this responsibility, and who are willing to
accept it, and that this tutelage should be exercised by them as
Mandatories on behalf of the League. The character of the mandate must
differ according to the stage of the development of the people, the
geographical situation of the territory, its economic conditions, and
other similar circumstances. Certain communities formerly belonging to
the Turkish Empire have reached a stage of development where their
existence as independent nations can be provisionally recognised subject
to the rendering of administrative advice and assistance by a Mandatory
until such time as they are able to stand alone. The wishes of these
communities must be a principal consideration in the selection of the
Mandatory. Other peoples, especially those of Central Africa, are at
such a stage that the Mandatory must be responsible for the
administration of the territory under conditions which will guarantee
freedom of conscience and religion, subject only to the maintenance of
public order and morals, the prohibition of abuses such as the slave
trade, the arms traffic, and the liquor traffic, and the prevention of
the establishment of fortifications or military and naval bases and of
military training of the natives for other than police purposes and the
defence of territory, and will also secure equal opportunities for the
trade and commerce of other Members of the League. There are
territories, such as South-West Africa and certain of the South Pacific
Islands, which, owing to the sparseness of their population, or their
small size, or their remoteness from the centres of civilisation, or
their geographical contiguity to the territory of the Mandatory, and
other circumstances, can be best administered under the laws of the
Mandatory as integral portions of its territory, subject to the
safeguards above mentioned in the interests of the indigenous
population. In every case of mandate, the Mandatory shall render to the
Council an annual report in reference to the territory committed to its
charge. The degree of authority, control, or administration to be
exercised by the Mandatory shall, if not previously agreed upon by the
Members of the League, be explicitly defined in each case by the
Council. A permanent Commission shall be constituted to receive and
examine the annual reports of the Mandatories and to advise the Council
on all matters relating to the observance of the mandates.
ARTICLE 23.
Subject to and in accordance with the provisions of international
conventions existing or hereafter to be agreed upon, the Members of the
League:
- will endeavour to secure and maintain fair and humane conditions of
labour for men, women, and children, both in their own countries and in
all countries to which their commercial and industrial relations
extend, and for that purpose will establish and maintain the necessary
international organisations;
- undertake to secure just treatment of the native inhabitants of territories under their control;
- will entrust the League with the general supervision
over the execution of agreements with regard to the traffic in women and
children, and the traffic in opium and other dangerous drugs;
- will entrust the League with the general supervision of
the trade in arms and ammunition with the countries in which the
control of this traffic is necessary in the common interest;
- will make provision to secure and maintain freedom of
communications and of transit and equitable treatment for the commerce
of all Members of the League. In this connection, the special
necessities of the regions devastated during the war of 1914-1918 shall
be borne in mind;
- will endeavour to take steps in matters of international concern for the prevention and control of disease.
ARTICLE 24.
There shall be placed under the direction of the League all
international bureaux already established by general treaties if the
parties to such treaties consent. All such international bureaux and all
commissions for the regulation of matters of international interest
hereafter constituted shall be placed under the direction of the League.
In all matters of international interest which are regulated by general
conventions but which are not placed under the control of international
bureaux or commissions, the Secretariat of the League shall, subject to
the consent of the Council and if desired by the parties, collect and
distribute all relevant information and shall render any other
assistance which may be necessary or desirable. The Council may include
as part of the expenses of the Secretariat the expenses of any bureau or
commission which is placed under the direction of the League.
ARTICLE 25.
The Members of the League agree to encourage and promote the
establishment and co-operation of duly authorised voluntary national Red
Cross organisations having as purposes the improvement of health, the
prevention of disease, and the mitigation of suffering throughout the
world.
ARTICLE 26.
Amendments to this Covenant will take effect when ratified by the
Members of the League whose representatives compose the Council and by a
majority of the Members of the League whose Representatives compose the
Assembly. No such amendment shall bind any Member of the League which
signifies its dissent therefrom, but in that case it shall cease to be a
Member of the League.
ANNEX.
I. ORIGINAL MEMBERS OF THE LEAGUE OF NATIONS SIGNATORIES OF THE TREATY OF PEACE.
UNITED STATES OF AMERICA, BELGIUM, BOLIVIA, BRAZIL, BRITISH EMPIRE,
CANADA, AUSTRALIA, SOUTH AFRICA, NEW ZEALAND, INDIA, CHINA, CUBA,
ECUADOR, FRANCE, GREECE, GUATEMALA, HAITI, HEDJAZ, HONDURAS, ITALY,
JAPAN, LIBERIA, NICARAGUA, PANAMA, PERU, POLAND, PORTUGAL, ROUMANIA,
SERB-CROAT-SLOVENE STATE, SIAM, CZECHO-SLOVAKIA, URUGUAY
STATES INVITED TO ACCEDE TO THE COVENANT.
ARGENTINE REPUBLIC, CHILE, COLOMBIA, DENMARK, NETHERLANDS, NORWAY,
PARAGUAY, PERSIA, SALVADOR, SPAIN, SWEDEN, SWITZERLAND, VENEZUELA.
II. FIRST SECRETARY GENERAL OF THE LEAGUE OF NATIONS
The Honourable Sir James Eric Drummond, K.C.M.G., C.B.
PART II.
BOUNDARIES OF GERMANY.
ARTICLE 27.
The boundaries of Germany will be determined as follows:
1. With Belgium:
From the point common to the three frontiers of Belgium, Holland, and
Germany and in a southerly direction: the north-eastern boundary of the
former territory of netral Moresnet then the eastern boundary of the
Kreis of Eupen, then the frontier between Belgium and the Kreis of
Montjoie, then the northeastern and eastern boundary of the Kreis of
Malmedy to its junction with the frontier of Luxemburg.
2. With Luxemburg:
The frontier of August 3, 1914, to its junction with the frontier of France of the 18th July, 1870.
3. With France:
The frontier of July 18, 1870, from Luxemburg to Switzerland with the reservations made in Article 48 of Section IV (Saar Basin) of Part III.
4. With Switzerland:
The present frontier.
5. With Austria.
The frontier of August 3, 1914, from Switzerland to CzechoSlovakia as hereinafter defined.
6. With Czecho-Slovakia:
The frontier of August 3, 1914, between Germany and Austria from its
junction with the old administrative boundary separating Bohemia and the
province of Upper Austria to the point north of the salient of the old
province of Austrian Silesia situated at about 8 kilometres east of
Neustadt.
7. With Poland:
From the point defined above to a point to be fixed on the ground
about 2 kilometres east of Lorzendorf: the 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 placcs in
Poland: Skorischau, Reichthal, Trembatschau, Kunzendorf, Schleise, Gross
Koscl, Schreibersdorf, Rippin, Furstlich-Niefken, Pawelau, Tscheschen,
Konradau, Johallnisdorf, Modzenowe, Bogdaj, and in Germany: Lorzendorf,
Kaulwitz, Glausche, Dalbersdorf, Reesewitz, Stradam, Gross Wartenberg,
Kraschen, Neu Mittelwalde, Domaslawitz, Wedelsdorf, Tscheschen Hammer;
thence the administrative boundary of Posnania northwestwards to the
point where it cuts the Rawitsch-Herrnstadt railway; thence to the point
where the administrative boundary of Posnania cuts the Reisen-Tschirnau
road: a line to be fixed on the ground passing west of Triebusch and
Gabel and east of Saborwitz; thence the administrative boundary of
Posnania to its junction with the eastern administrative boundary of the
Kreis of Fraustadt; thence in a north-westerly direction to a point to
be chosen on the road between the villages of Unruhstadt and Kopnitz: a
line to be fixed on the ground passing west of Geyersdorf, Brenno,
Fehlen, Altkloster, Klebel, and east of Ulbersdorf, Buchwald,
Ilgen,Weine, Lupitze, Schwenten: thence in a northerly direction to the
northernmost point of Lake Chlop: a line to be fixed on the ground
following the median line of the lakes; the town and the station of
Bentschen however (including the junction of the lines
Schwiebus-Bentschen and Zullichau-Bentschen) remaining in Polish
territory; thence in a north-easterly direction to the point of junction
of the boundaries of the Kreise of Schwerin, Birnbaum, and Meseritz: a
line to be fixed on the ground passing east of Betsche; thence in a
northerly direction the boundary separating the Kreise of Schwerin and
Birnbaum, then in an easterly direction the northern boundary of
Posnania to the point where it cuts the river Netze; thence upstream to
its confluence with the Kaddow: the course of the Netze; thence upstream
to a point to be chosen about 6 kilometres southeast of Schneidemuhl:
the course of the Kuddow; thence north-eastwards to the most southern
point of the reentant of the northern boundary of Posnania about 5
kilometres west of Stahren: a line to be fixed on the ground leaving the
SchneidemuhlKonitz railway in this area entirely in German territory;
thence the boundary of Posnania north-eastwards to the point of the
salient it makes about 15 kilometres east of Flatow; thence
north-eastwards to the point where the river Kamionka meets the southern
boundary of the Kreis of Konitz about 3 kilometres north-east of
Grunau: a line to be fixed on the ground leaving the following places to
Poland: Jasdrowo, Gr. Lutau, Kl. Lutau, Wittkau, and to Germany: Gr.
Butzig, Cziskowo, Battrow, Bock, Grunau; thence in a northerly direction
the boundary between the Kreise of Konitz and Schlochau to the point
where this boundary cuts the river Brahe; thence to a point on the
boundary of Pomerania 15 kilometres east of Rummelsburg: a line to be
fixed on the ground leaving the following places in Poland: Konarzin,
Kelpin, Adl. Briesen, and in Germany: Sampohl, Neuguth, Steinfort, Gr .
Peterkau; then the boundary of Pomerania in an easterly direction to its
junction with the boundary between the Kreise of Konitz and Schlochau;
thence northwards the boundary between Pomerania and West Prussia to the
point on the river Rheda about 3 kilometres northwest of Gohra where
that river is joined by a tributary from the north-west; thence to a
point to be selected in the bend of the Piasnitz river about 1 1/2
kilometres north-west of Warschkau: a line to be fixed on the ground;
thence this river downstream, then the median line of Lake Zarnowitz,
then the old boundary of West Prussia to the Baltic Sea.
8. With Denmark:
The frontier as it will be fixed in accordance with Articles 109 to 111 of Part III, Section XII (Schleswig).
ARTICLE 28.
The boundaries of East Prussia, with the reservations made in Section IX
(East Prussia) of Part III, will be determined as follows: from a point
on the coast of the Baltic Sea about 1 1/2 kilometres north of
Probbernau church in a direction of about 159° East from true North: a
line to be fixed on the ground for about 2 kilometres; thence in a
straight line to the light at the bend of the Elbing Channel in
approximately latitude 54° 19 1/2' North, longitude 19° 26' East of
Greenwich; thence to the easternmost mouth of the Nogat River at a
bearing of approximately 209° East from true North; thence up the course
of the Nogat River to the point where the latter leaves the Vistula
(Weichsel);thence up the principal channel of navigation of the Vistula,
then the southern boundary of the Kreis of Marienwerder, then that of
the Kreis of Rosenberg eastwards to the point where it meets the old
boundary of East Prussia, thence the old boundary between East and West
Prussia, then the boundary between the Kreise of Osterode and
Neidenburg, then the course of the river Skottau downstream, then the
course of the Neide upstream to a point situated about 5 kilometres west
of Bialutten being the nearest point to the old frontier of Russia;
thence in an easterly direction to a point immediately south of the
intersection of the road Neidenburg-Mlava with the old frontier of
Russia: a line to be fixed on the ground passing north of Bialutten;
thence the old frontier of Russia to a point east of Schmalleningken,
then the principal channel of navigation of the Niemen (Memel)
downstream, then the Skierwieth arm of the delta to the Kurisches Haff;
thence a straight line to the point where the eastern shore of the
Kurische Nehrung meets the administrative boundary about 4 kilometres
south-west of Nidden; thence this administrative boundary to the western
shore of the Kurische Nehrung.
ARTICLE 29.
The boundaries as described above are drawn in red on a
one-in-a-million map which is annexed to the present Treaty (Map No. 1).
[See Introduction.] In the case of any discrepancies between the text
of the Treaty and this map or any other map which may be annexed, the
text will be final.
ARTICLE 30.
In the case of boundaries which are defined by a waterway, the terms
"course" and "channel" used in the present Treaty signify: in the case
of non-navigable rivers, the median line of the waterway or of its
principal arm, and, in the case of navigable rivers, the median line of
the principal channel of navigation It will rest with the Boundary
Commissions provided by the present Treaty to specify in each case
whether the frontier line shall follow any changes of the course or
channel which may take place or whether it shall be definitely fixed by
the position of the course or channel at the time when the present
Treaty comes into force.
PART III
SECTION I
ARTICLE 31.
Germany, recognising that the Treaties of April 19, 1839, which
established the status of Belgium before the war, no longer conform to
the requirements of the situation, consents to the abrogation of the
said Treaties and undertakes immediately to recognise and to observe
whatever conventions may be entered into by the Principal Allied and
Associated Powers, or by any of them, in concert with the Governments of
Belgium and of the Netherlands, to replace the said Treaties of 1839.
If her formal adhesions should be required to such conventions or to any
of their stipulations, Germany undertakes immediately to give it.
ARTICLE 32.
Germany recognises the full sovereignty of Belgium over the whole of
the contested territory of Moresnet (called Moresnet neutre).
ARTICLE 33.
Germany renounces in favour of Belgium all rights and title over the
territory of Prussian Moresnet situated on the west of the road from
Liege to Aix-la-Chapelle; the road will belong to Belgium where it
bounds this territory.
ARTICLE 34.
Germany renounces in favour of Belgium all rights and title over the
territory comprising the whole of the Kreise of Eupen and of Malmedy.
During the six months after the coming into force of this Treaty,
registers will be opened by the Belgian authority at Eupen and Malmedy
in which the inhabitants of the above territory will be entitled to
record in writing a desire to see the whole or part of it remain under
German sovereignty. The results of this public expression of opinion
will be communicated by the Belgian Government to the League of Nations,
and Belgium undertakes to accept the decision of the League.
ARTICLE 35.
A Commission of seven persons, five of whom will be appointed by the
Principal Allied and Associated Powers, one by Germany and one by
Belgium, will be set up fifteen days after the coming into force of the
present Treaty to settle on the spot the new frontier line between
Belgium and Germany, taking into account the economic factors and the
means of communication. Decisions will be taken by a majority and will
be binding on the parties concerned.
ARTICLE 36.
When the transfer of the sovereignty over the territories referred to
above has become definite, German nationals habitually resident in the
territories will definitively acquire Belgian nationality ipso facto,
and will lose their German nationality. Nevertheless, German nationals
who became resident in the territories after August 1, 1914, shall not
obtain Belgian nationality without a permit from the Belgian Government.
ARTICLE 37.
Within the two years following the definitive transfer of the
sovereignty over the territories assigned to Belgium under the present
Treaty, German nationals over 18 years of age habitually resident in
those territories will be entitled to opt for German nationality. Option
by a husband will cover his wife, and option by parents will cover
their children under 18 years of age. Persons who have exercised the
above right to opt must within the ensuing twelve months transfer their
place of residence to Germany. They will be entitled to retain their
immovable property in the territories acquired by Belgium. They may
carry with them their movable property of every description. No export
or import duties may be imposed upon them in connection with the removal
of such property.
ARTICLE 38.
The German Government will hand over without delay to the Belgian
Government the archives, registers, plans, title deeds and documents of
every kind concerning the civil, military, financial, judicial or other
administrations in the territory transferred to Belgian sovereignty. The
German Government will likewise restore to the Belgian Government the
archives and documents of every kind carried off during the war by the
German authorities from the Belgian public administrations, in
particular from the Ministry of Foreign Affairs at Brussels.
ARTICLE 39.
The proportion and nature of the financial liabilities of Germany and
of Prussia with Belgium will have to bear on account of the territories
ceded to her shall be fixed in conformity with Articles 254 and 256 of Part IX (Financial Clauses) of the present Treaty.
SECTION ll.
LUXEMBURG.
ARTICLE 40.
With regard to the Grand Duchy of Luxemburg, Germany renounces the
benefit of all the provisions inserted in her favour in the Treaties of
February 8, 1842, April 2, 1847, October 20-25, 1865, August 18, 1866,
February 21 and May 11, 1867, May 10, 1871, June 11, 1872, and November
11, 1902, and in all Conventions consequent upon such Treaties. Germany
recognises that the Grand Duchy of Luxemburg ceased to form part of the
German Zollverein as from January 1, 1919, renounces all rights to the
exploitation of the railways, adheres to the termination of the regime
of neutrality of the Grand Duchy, and accepts in advance all
international arrangements which may be concluded by the Allied and
Associated Powers relating to the Grand Duchy.
ARTICLE 41.
Germany undertakes to grant to the Grand Duchy of Luxemburg, when a
demand to that effect is made to her by the Principal Allied and
Associated Powers, the rights and advantages stipulated in favour of
such Powers or their nationals in the present Treaty with regard to
economic questions, to questions relative to transport and to aerial
navigation.
SECTION III
LEFT BANK OF THE RHINE.
ARTICLE 42.
Germany is forbidden to maintain or construct any fortifications
either on the left bank of the Rhine or on the right bank to the west of
a line drawn 50 kilometres to the East of the Rhine.
ARTICLE 43
In the area defined above the maintenance and the assembly of armed
forces, either permanently or temporarily, and military maneuvers of any
kind, as well as the upkeep of all permanent works for mobilization,
are in the same way forbidden.
ARTICLE 44
In case Germany violates in any manner whatever the provisions of Articles 42 and 43,
she shall be regarded as committing a hostile act against the Powers
signatory of the present Treaty and as calculated to disturb the peace
of the world.
SECTION IV.
SAAR BASIN.
ARTICLE 45
As compensation for the destruction of the coal-mines in the north of
France and as part payment towards the total reparation due from
Germany for the damage resulting from the war, Germany cedes to France
in full and absolute possession, with exclusive rights of exploitation,
unencumbered and free from all debts and charges of any kind, the
coal-mines situated in the Saar Basin as defined in Article 48.
ARTICLE 46.
In order to assure the rights and welfare of the population and to
guarantee to France complete freedom in working the mines, Germany
agrees to the provisions of Chapters I and II of the Annex hereto.
ARTICLE 47.
In order to make in due time permanent provision for the government
of the Saar Basin in accordance with the wishes of the populations,
France and Germany agree to the provisions of Chapter III of the Annex hereto.
ARTICLE 48.
The boundaries of the territory of the Saar Basin, as dealt with in
the present stipulations, will be fixed as follows: On the south and
south-west: by the frontier of France as fixed by the present Treaty. On
the north-west and north: by a line following the northern
administrative boundary of the Kreis of Merzig from the point where it
leaves the French frontier to the point where it meets the
administrative boundary separating the commune of Saarholzbach from the
commune of Britten; following this communal boundary southwards and
reaching the administrative boundary of the canton of Merzig so as to
include in the territory of the Saar Basin the canton of Mettlach, with
the exception of the commune of Britten; following successively the
northern boundaries of the cantons of Merzig and Haustedt, which are
incorporated in the aforesaid Saar Basin, then successively the
administrative boundaries separating the Kreise of Sarrelouis,
Ottweiler, and Saint-Wendel from the Kreise of Merzig, Treves (Trier),
and the Principality of Birkenfeld as far as a point situated about 500
metres north of the village of Furschweiler (viz., the highest point of
the Metzelberg). On the north-east and east: from the last point defined
above to a point about 3 1/2 kilometres east-north-east of
Saint-Wendel: a line to be fixed on the ground passing east of
Furschweiler, west of Roschberg, east of points 418, 329 (south of
Roschberg) west of Leitersweiler, north-east of point 464, and following
the line of the crest southwards to its junction with the
administrative boundary of the Kreis of Kusel thence in a southerly
direction the boundary of the Kreis of Kusel, then the boundary of the
Kreis of Homburg towards the south-south-east to a point situated about
1000 metres west of Dunzweiler; thence to a point about 1 kilometre
south of Hornbach- a line to be fixed on the ground passing through
point 424 (about 1000 metres south-east of Dunzweiler), point 363
(Fuchs-Berg), point 322 (south-west of Waldmohr), then east of
Jagersburg and Erbach, then encircling Homburg, passing through the
points 361 (about 2-1/2 kilometres north-east by east of that town), 342
(about 2 kilometres south-east of that town), 347 (Schreiners-Berg),
356, 350 (about 1-1/2 kilometres south-east of Schwarzenbach), then
passing east of Einod, south-east of points 322 and 333, about 2
kilometres east of Webenheim, about 2 kilometres east of Mimbach,
passing east of the plateau which is traversed by the road from Mimbach
to Bockweiler (so as to include this road in the territory of the Saar
Basin), passing immediately north of the junction of the roads from
Bockweiler and Altheim situated about 2 kilometres north of Altheim,
then passing south of Ringweilerhof and north of point 322, rejoining
the frontier of France at the angle which it makes about 1 kilometre
south of Hornbach (see Map No. 2 scale 1/100,000 annexed to the present
treaty). [See Introduction ]
A Commission composed of five members, one appointed by France, one
by Germany, and three by the Council of the League of Nations, which
will select nationals of other Powers, will be constituted within
fifteen days from the coming into force of the present Treaty, to trace
on the spot the frontier line described above.
In those parts of the preceding line which do not coincide with
administrative boundaries, the Commission will endeavour to keep to the
line indicated, while taking into consideration, so far as is possible,
local economic interests and existing communal boundaries.
The decisions of this Commission will be taken by a majority, and will be binding on the parties concerned.
ARTICLE 49.
Germany renounces in favour of the League of Nations, in the capacity
of trustee, the government of the territory defined above.
At the end of fifteen years from the coming into force of the present
Treaty the inhabitants of the said territory shall be called upon to
indicate the sovereignty under which they desire to be placed.
ARTICLE 50.
The stipulations under which the cession of the mines in the Saar
Basin shall be carried out, together with the measures intended to
guarantee the rights and the well-being of the inhabitants and the
government of the territory, as well as the conditions in accordance
with which the plebiscite herein before provided for is to be made, are
laid down in the Annex hereto. This Annex shall be considered as an
integral part of the present Treaty, and Germany declares her adherence
to it.
ANNEX.
In accordance with the provisions of Articles 45 to 50 of the present
Treaty, the stipulations under which the cession by Germany to France
of the mines of the Saar Basin will be effected, as well as the measures
intended to ensure respect for the rights and well-being of the
population and the government of the territory, and the conditions in
which the inhabitants will be called upon to indicate the sovereignty
under which they may wish to be placed, have been laid down as follows:
CHAPTER I .
CESSION AND EXPLOITATION OF MINING PROPERTY,
1.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 authorization or to fulfill
any formalities.
The French State may always require that the German mining laws and
regulations referred to below shall be applied in order to ensure the
determination of its rights.
2. The right of ownership of the French State will apply not
only to the deposits which are free and for which concessions have not
yet been granted, but also to the deposits for which concessions have
already been granted, whoever may be the present proprietors,
irrespective of whether they belong to the Prussian State, to the
Bavarian State, to other States or bodies, to companies or to
individuals, whether they have been worked or not, or whether a right of
exploitation distinct from the right of the owners of the surface of
the soil has or has not been recognised.
3. As far as concerns the mines which are being worked, the
transfer of the ownership to the French State will apply to all the
accessories and subsidiaries of the said mines, in particular to their
plant and equipment both on and below the surface to their extracting
machinery, their plants for transforming coal into electric power, coke
and by-products, their workshops means of communication, electric lines,
plant for catching and distributing water, land, buildings such as
offices, managers, employees, and workmen's dwellings, schools,
hospitals and dispensaries, their stocks and supplies of every
description, their archives and plans, and in general everything which
those who own or exploit the mines possess or enjoy for the purpose of
exploiting the mines and their accessories and subsidiaries.
The transfer will apply also to the debts owing for products
delivered before the entry into possession by the French State and after
the signature of the present Treaty, and to deposits of money made by
customers, whose rights will be guaranteed by the French State.
4. The French State will acquire the
property free and clear of all debts and charges. Nevertheless, the
rights acquired, or in course of being acquired, by the employees of the
mines and their accessories and subsidiaries at the date of the coming
into force of the present Treaty, in connection with pensions for old
age or disability, will not be affected. In return, Germany must pay
over to the French State a sum representing the actuarial amounts to
which the said employees are entitled.
5. The value of the property thus ceded to the French State will be determined by the Reparation Commission referred to in Article 233 of Part VIII (Reparation) of the present Treaty.
This value shall be credited to Germany in part payment of the amount
due for reparation. It will be for Germany to indemnify the proprietors
or parties concerned, whoever they may be.
6. No tariff shall be established on the German railways and
canals which may directly or indirectly discriminate to the prejudice of
the transport of the personnel or products of the mines and their
accessories or subsidiaries, or of the material necessary to their
exploitation. Such transport shall enjoy all the rights and privileges
which any international railway conventions may . guarantee to similar
products of French origin.
7. The equipment and personnel necessary to ensure the
despatch and transport of the products of the mines and their
accessories and subsidiaries, as well as the carriage of workmen and
employees, will be provided by the local railway administration of the
Basin.
8. No obstacle shall be placed in the way of such improvements
of railways or waterways as the French State may judge necessary to
assure the despatch and the transport of the products of the mines and
their accessories and subsidiaries, such as double trackage, enlargement
of stations, and construction of yards and appurtenances. The
distribution of expenses will, in the event of disagreement, be
submitted to arbitration.
The French State may also establish any new means of communication,
such as roads, electric lines, and telephone connections which it may
consider necessary for the exploitation of the mines it may exploit
freely and without any restrictions the means of communication of which
it may become the owner, particularly those connecting the mines and
their accessories and subsidiaries with the means of communication
situated in French territory.
9. The French State shall always be entitled to demand the
application of the German mining laws and regulations in force on
November 11, 1918, excepting provisions adopted exclusively in view of
the state of war, with a view to the acquisition of such land as it may
judge necessary for the exploitation of the mines and their accessories
and subsidiaries.
The payment for damage caused to immovable property by the working of
the said mines and their accessories and subsidiaries shall be made in
accordance with the German mining laws and regulations above referred
to.
10. Every person whom the French State may substitute for
itself as regards the whole or part of its rights to the exploitation of
the mines and their accessories and subsidiaries shall enjoy the
benefit of the privileges provided in this Annex.
11. The mines and other immovable property which become the
property of the French State may never be made the subject of measures
of forfeiture, forced sale, expropriation or requisition, nor of any
other measure affecting the right of property. The personnel and the
plant connected with the exploitation of these mines or their
accessories and subsidiaries, as well as the product extracted from the
mines or manufactured in their accessories and subsidiaries, may not at
any time be made the subject of any measures of requisition.
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 II.
GOVERNMENT OF THE TERRITORY OF THE SAAR BASIN.
16. The Government of the territory of the
Saar Basin shall be entrusted to a Commission representing the League
of Nations. This Commission shall sit in the territory of the Saar
Basin.
17. The Governing Commission provided for by paragraph 16
shall consist of five members chosen by the Council of the League of
Nations, and will include one citizen of France, one native inhabitant
of the Saar Basin, not a citizen of France, and three members belonging
to three countries other than France or Germany.
The members of the Governing Commission shall be appointed for one
year and may be re-appointed. They can be removed by the Council of the
League of Nations, which will provide for their replacement.
The members of the Governing Commission will be entitled to a salary
which will be fixed by the Council of the League of Nations, and charged
on the local revenues.
18. The Chairman of the Governing Commission shall be
appointed for one year from among the members of the Commission by the
Council of the League of Nations and may be re-appointed. The Chairman
will act as the executive of the Commission.
19. Within the territory of the Saar Basin the Governing
Commission shall have all-the powers of government hitherto belonging to
the German Empire, Prussia, or Bavaria, including the appointment and
dismissal of officials, and the creation of such administrative and
representative bodies as it may deem necessary.
It shall have full powers to administer and operate the railways,
canals, and the different public services. Its decisions shall be taken
by a majority.
20. Germany will place at the disposal of the Governing
Commission all official documents and archives under the control of
Germany, of any German State, or of any local authority, which relate to
the territory of the Saar Basin or to the rights of the inhabitants
thereof.
21. It will be the duty of the Governing Commission to ensure,
by such means and under such conditions as it may deem suitable, the
protection abroad of the interests of the inhabitants of the territory
of the Saar Basin.
22. The Governing Commission shall have the full right of user
of all property, other than mines, belonging, either in public or in
private domain, to the Government of the German Empire, or the
Government of any German State, in the territory of the Saar Basin.
As regards the railways an equitable apportionment of rolling stock
shall be made by a mixed Commission on which the Government of the
territory of the Saar Basin and the German railways will be represented.
Persons, goods, vessels, carriages, wagons and mails coming from or
going to the Saar Basin shall enjoy all the rights and privileges
relating to transit and transport which are specified in the provisions
of Part XII (Ports, Waterways and Railways) of the present Treaty.
23. The laws and regulations in force on
November 11, 1918, in the territory of the Saar Basin (except those
enacted in consequence of the state of war) shall continue to apply.
If, for general reasons or to bring these laws and regulations into
accord with the provisions of the present Treaty, it is necessary to
introduce modifications, these shall be decided on, and put into effect
by the Governing Commission, after consultation with the elected
representatives of the inhabitants in such a manner as the Commission
may determine.
No modification may be made in the legal regime for the exploitation of the mines, provided for in paragraph 12,
without the French State being previously consulted, unless such
modification results from a general regulation respecting labour adopted
by the League of Nations.
In fixing the conditions and hours of labour for men, women and
children, the Governing Commission is to take into consideration the
wishes expressed by the local labour organisations, as well as the
principles adopted by the League of Nations.
24. Subject to the provisions of paragraph 4,
no rights of the inhabitants of the Saar Basin acquired or in process
of acquisition at the date of coming into force of this Treaty, in
respect of any insurance system of Germany or in respect of any pension
of any kind, are affected by any of the provisions of the present
Treaty.
Germany and the Government of the territory of the Saar Basin will preserve and continue all of the aforesaid rights.
25. The civil and criminal courts existing in the territory of
the Saar Basin shall continue. A civil and criminal court will be
established by the Governing Commission to hear appeals from the
decisions of the said courts and to decide matters for which these
courts are not competent. The Governing Commission will be responsible
for settling the organisation and jurisdiction of the said court.
Justice will be rendered in the name of the Governing Commission.
26. The Governing Commission will alone have the power of
levying taxes and dues in the territory of Saar Basin. These taxes and
dues will be exclusively applied to the needs of the territory. The
fiscal system existing on November 11, 1918, will be maintained as far
as possible, and no new tax except customs duties may be imposed without
previously consulting the elected representatives of the inhabitants.
27. The present stipulation will not affect the existing
nationality of the inhabitants of the territory of the Saar Basin. No
hindrance shall be placed in the way of those who wish to acquire a
different nationality, but in such case the acquisition of the new
nationality will involve the loss of any other.
28. Under the control of the Governing Commission the
inhabitants will retain their local assemblies, their religious
liberties, their schools and their language. The right of voting will
not be exercised for any assemblies other than the local assemblies, and
will belong to every inhabitant over the age of twenty years, without
distinction of sex.
29. Any of the inhabitants of the Saar Basin who may desire to
leave the territory will have full liberty to retain in it their
immovable property or to sell it at fair prices, and to remove their
movable property free of any charges.
30. There will be no military service, whether compulsory or
voluntary, in the territory of the Saar Basin, and the construction of
fortifications therein is forbidden. Only a local gendarmerie for the
maintenance of order may be established. It will be the duty of the
Governing Commission to provide in all cases for the protection of
persons and property in the Saar Basin.
31. The territory of the Saar Basin as defined by Article 48
of the present Treaty shall be subjected to the French customs regime.
The receipts from the customs duties on goods intended for local
consumption shall be included in the budget of the said territory after
deduction of all costs of collection.
No export tax shall be imposed upon metallurgical products or coal
exported from the said territory to Germany, nor upon the German exports
for the use of the industries of the territory of the Saar Basin.
Natural or manufactured products originating in the Basin in transit
over German territory and, similarly, German products in transit over
the territory of the Basin shall be free of all customs duties.
Products which both originate in and pass from the Basin into Germany
shall be free of import duties for a period of five years from the date
of the coming into force of the present Treaty, and during the same
period articles imported from Germany into the territory of the Basin
for local consumption, shall likewise be free of import duties.
During these five years the French Government reserves to itself the
right of limiting to the annual average of the quantities imported into
Alsace-Lorraine and France in the years 1911 to 1913 the quantities
which may be sent into France of all articles coming from the Basin
which include raw materials and semimanufactured goods imported duty
free from Germany. Such average shall be determined after reference to
all available official information and statistics.
32. No prohibition or restriction shall be imposed upon the
circulation of French money in the territory of the Saar Basin. The
French State shall have the right to use French money in all purchases,
payments, and contracts connected with the exploitation of the mines or
their accessories and subsidiaries.
33. The Governing Commission shall have power to decide all
questions arising from the interpretation of the preceding provisions.
France and Germany agree that any dispute involving a difference of
opinion as to the interpretation of the said provision shall in the same
way be submitted to the Governing Commission and the decision of a
majority of the Commission shall be binding on both countries.
CHAPTER III.
PLEBISCITE.
34. At the termination of a period of fifteen years from the
coming into force of the present Treaty, the population of the territory
of the Saar Basin will be called upon to indicate their desires in the
following manner: A vote will take place by communes or districts, on
the three following alternatives: (a) maintenance of the regime
established by the present Treaty and by this Annex; (b) union with
France; (c) union with Germany.
All persons without distinction of sex, more than twenty years old at
the date of the voting, resident in the territory at the date of the
signature of the present Treaty, will have the right to vote.
The other conditions, methods, and the date of the voting shall be
fixed by the Council of the League of Nations in such a way as to secure
the freedom, secrecy and trustworthiness of the voting
35. The League of Nations shall decide on
the sovereignty under which the territory is to be placed, taking into
account the wishes of the inhabitants as expressed by the voting.
- 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;
- 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.
- 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.
The territories which were ceded to Germany in accordance with the
Preliminaries of Peace signed at Versailles on February 26, 1871, and
the Treaty of Frankfort of May 10, 1871, are restored to French
sovereignty as from the date of the Armistice of November 11, 1918.
The provisions of the Treaties establishing the delimitation of the frontiers before 1871 shall be restored.
ARTICLE 52.
The German Government shall hand over without delay to the French
Government all archives, registers, plans, titles and documents of every
kind concerning the civil, military, financial, judicial or other
administrations of the territories restored to French sovereignty. If
any of these documents, archives, registers, titles or plans nave been
misplaced, they will be restored by the German Government on the demand
of the French Government.
ARTICLE 53.
Separate agreements shall be made between France and Germany dealing
with the interests of the inhabitants of the territories referred to in Article 51,
particularly as regards their civil rights, their business and the
exercise of their professions, it being understood that Germany
undertakes as from the present date to recognise and accept the
regulations laid down in the Annex hereto regarding the nationality of
the inhabitants or natives of the said territories, not to claim at any
time or in any place whatsoever as German nationals those who shall have
been declared on any ground to be French, to receive all others in her
territory, and to conform, as regards the property of German nationals
in the territories indicated in Article 51, with the provisions of Article 297 and the Annex to Section IV of Part X (Economic Clauses) of the present Treaty.
Those German nationals who without acquiring French nationality shall
receive permission from the French Government to reside in the said
territories shall not be subjected to the provisions of the said
Article.
ARTICLE 54.
Those persons who have regained French nationality in virtue of paragraph 1 of the Annex hereto will be held to be Alsace-Lorrainers for the purposes of the present Section.
The persons referred to in paragraph 2
of the said Annex will from the day on which they have claimed French
nationality be held to be Alsace-Lorrainers with retroactive effect as
from November 11, 1918. For those whose application is rejected, the
privilege will terminate at the date of the refusal.
Such juridical persons will also have the status of AlsaceLorrainers
as shall have been recognised as possessing this quality whether by the
French administrative authorities or by a judicial decision.
ARTICLE 55.
The territories referred to in Article 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 VIII (Reparation)
of the present Treaty to give compensation for damages caused to the
civil populations of the Allied and Associated countries in the form of
fines, the inhabitants of the territories referred to in Article 51 shall be assimilated to the above-mentioned populations.
ARTICLE 64.
The regulations concerning the control of the Rhine and of the Moselle are laid down in Part XII (Ports, Waterways and Railways) of the present Treaty.
ARTICLE 65.
Within a period of three weeks after the coming into force of the
present Treaty, the port of Strasburg and the port of Kehl shall be
constituted, for a period of seven years, a single unit from the point
of view of exploitation.
The administration of this single unit will be carried on by a
manager named by the Central Rhine Commission, which shall also have
power to remove him. This manager shall be of French nationality.
He will reside in Strasburg and will be subject to the supervision of
the Central Rhine Commission. There will be established in the two ports
free zones in conformity with Part XII (Ports, Waterways and Railways) of the present Treaty.
A special Convention between France and Germany which shall be
submitted to the approval of the Central Rhine Commission, will fix the
details of this organisation, particularly as regards finance.
It is understood that for the purpose of the present Article the port
of Kehl includes the whole of the area necessary for the movement of
the port and the trains which serve it, including the harbour, quays and
railroads, platforms, cranes, sheds and warehouses, silos, elevators
and hydro-electric plants, which make up the equipment of the port.
The German Government undertakes to carry out all measures which
shall be required of it in order to assure that all the making-up and
switching of trains arriving at or departing from Kehl, whether for the
right bank or the left bank of the Rhine, shall be carried on in the
best conditions possible.
All property rights shall be safeguarded. In particular the
administration of the ports shall not prejudice any property rights of
the French or Baden railroads. Equality of treatment as respects traffic
shall be assured in both ports to the nationals, vessels and goods of
every country.
In case at the end of the sixth year France shall consider that the
progress made in the improvement of the port of Strasburg still requires
a prolongation of this temporary regime, she may ask for such
prolongation from the Central Rhine Commission, which may grant an
extension for a period not exceeding three years.
Throughout the whole period of any such extension the free zones above provided for shall be maintained.
Pending appointment of the first manager by the Central Rhine
Commission a provisional manager who shall be of French nationality may
be appointed by the Principal Allied and Associated Powers subject to
the foregoing provisions.
For all purposes of the present Article the Central Rhine Commission will decide by a majority of votes.
ARTICLE 66.
The railway and other bridges across the Rhine now existing within
the limits of Alsace-Lorraine shall, as to all their parts and their
whole length, be the property of the French State, which shall ensure
their upkeep.
The French Government is substituted in all the, rights of the German
Empire over all the railways which were administered by the Imperial
railway administration and which are actually working or under
construction.
The same shall apply to the rights of the Empire with regard to
railway and tramway concessions within the territories referred to in Article 51.
This substitution shall not entail any payment on the part of the French State.
The frontier railway stations shall be established by a subsequent
agreement, it being stipulated in advance that on the Rhine frontier
they shall be situated on the right bank.
ARTICLE 68.
In accordance with the provisions of Article 268
of Chapter I of Section I of Part X (Economic Clauses) of the present
Treaty, for a period of five years from the coming into force of the
present Treaty, natural or manufactured products originating in and
coming from the territories referred to in Article 51 shall, on importation into German customs territory, be exempt from all customs duty.
The French Government may fix each year, by decree communicated to
the German Government, the nature and amount of the products which shall
enjoy this exemption.
The amount of each product which may be thus sent annually into
Germany shall not exceed the average of the amounts sent annually in the
years 1911-1913.
Further, during the period of five years above mentioned, the German
Government shall allow the free export from Germany and the free
reimportation into Germany, exempt from all customs, duties and other
charges (including internal charges), of yarns, tissues, and other
textile materials or textile products of any kind and in any condition,
sent from Germany into the territories referred to in Article 51,
to be subjected there to any finishing process, such as bleaching,
dyeing, printing, mercerization, gassing, twisting or dressing.
During a period of ten years from the coming into force of the
present Treaty, central electric supply works situated in German
territory and formerly furnishing electric power to the territories
referred to in Article 51
or to any establishment the working of which passes permanently or
temporarily from Germany to France, shall be required to continue such
supply up to the amount of consumption corresponding to the undertakings
and contracts current on November 11, 1918.
Such supply shall be furnished according to the contracts in force
and at a rate which shall not be higher than that paid to the said works
by German nationals.
ARTICLE 70.
It is understood that the French Government preserves its right to prohibit in the future in the territories referred to in Article 51 all new German participation:
- 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. ;
- In the ownership of mines and quarries of every kind and in enterprises connected therewith;
- In metallurgical establishments, even though their working may not be connected with that of any mine.
ARTICLE 71.
As regards the territories referred to in Article 51,
Germany renounces on behalf of herself and her nationals as from
November 11, 1918, all rights under the law of May 25, 1910, regarding
the trade in potash salts, and generally under any stipulations for the
intervention of German organisations in the working of the potash mines.
Similarly, she renounces on behalf of herself and her- nationals all
rights under any agreements, stipulations or laws which may exist to her
benefit with regard to other products of the aforesaid territories.
ARTICLE 72.
The settlement of the questions relating to debts contracted before
November 11, 1918, between the German Empire and the German States or
their nationals residing in Germany on the one part and
Alsace-Lorrainers residing in Alsace-Lorraine on the other part shall be
effected in accordance with the provisions of Section III of Part X (Economic Clauses)
of the present Treaty, the expression "before the war" therein being
replaced by the expression "before November 11, 1918,. The rate of
exchange applicable in the case of such settlement shall be the average
rate quoted on the Geneva Exchange during the month preceding November
11, 1918.
There may be established in the territories referred to in Article 51, for the settlement of the aforesaid debts under the conditions laid down in Section III of Part X (Economic Clauses)
of the present Treaty, a special clearing office, it being understood
that this office shall be regarded as a "central office" under the
provisions of paragraph 1 of the Annex to the said Section.
ARTICLE 73.
The private property, rights and interests of Alsace-Lorrainers in Germany will be regulated by the stipulations of Section IV of Part X (Economic Clauses) of the present Treaty.
ARTICLE 74.
The French Government reserves the right to retain and liquidate all
the property, rights and interests which German nationals or societies
controlled by Germany possessed in the territories referred to in
Article 51 on November 11, 1918, subject to the conditions laid down in
the last paragraph of Article 53 above. Germany will directly compensate
her nationals who may have been dispossessed by the aforesaid
liquidations. The product of these liquidations shall be applied in
accordance with the stipulations of Sections III and IV of Part X
(Economic Clauses) of the present Treaty.
ARTICLE 75.
Notwithstanding the stipulations of Section V of Part X (Economic Clauses)
of the present Treaty, all contracts made before the date of the
promulgation in Alsace-Lorraine of the French decree of November 30,
1918, between Alsace-Lorrainers (whether individuals or juridical
persons) or others resident in Alsace-Lorraine on the one part and the
German Empire or German States and their nationals resident in Germany
on the other part, the execution of which has been suspended by the
Armistice or by subsequent French legislation, shall be maintained.
Nevertheless, any contract of which the French Government shall
notify the cancellation to Germany in the general interest within a
period of six months from the date of the coming into force of the
present Treaty, shall be annulled except in respect of any debt or other
pecuniary obligation arising out of any act done or money paid
thereunder before November 11, 1918. If this dissolution would cause one
of the parties substantial prejudice, equitable compensation,
calculated solely on the capital employed without taking account of loss
of profits, shall be accorded to the prejudiced party.
With regard to prescriptions, limitations and forfeitures in Alsace-Lorraine, the provisions of Articles 300 and 301
of Section V of Part X (Economic Clauses) shall be applied with the
substitution for the expression "outbreak of war" of the expression
"November 11, 1918", and for the expression "duration of the war" of the
expression "period from November 11, 1918, to the date of the coming
into force of the present Treaty".
ARTICLE 76.
Questions concerning rights in industrial, literary or artistic
property of Alsace-Lorrainers shall be regulated in accordance with the
general stipulations of Section VII of Part X (Economic Clauses)
of the present Treaty, it being understood that AlsaceLorrainers
holding rights of this nature under German legislation will preserve
full and entire enjoyment of those rights on German territory.
ARTICLE 77
The German Government undertakes to pay over to the French Government
such proportion of all reserves accumulated by the Empire or by public
or private bodies dependent upon it, for the purposes of disability and
old age insurance, as would fall to the disability and old age insurance
fund at Strasburg.
The same shall apply in respect of the capital and reserves
accumulated in Germany falling legitimately to other social insurance
funds, to miners, superannuation funds, to the fund of the railways of
Alsace-Lorraine, to other superannuation organisations established for
the benefit of the personnel of public administrations and institutions
operating in Alsace-Lorraine and also in respect of the capital and
reserves due by the insurance fund of private employees at Berlin, by
reason of engagements entered into for the benefit of insured persons of
that category resident in Alsace-Lorraine. A special Convention shall
determine the conditions and procedure of these transfers.
ARTICLE 78.
With regard to the execution of judgments, appeals and prosecutions, the following rules shall be applied:
- 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.
- 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.
- 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.
- All prosecutions in Alsace-Lorraine for offences committed
during the period between November 11, 1918, and the coming into force
of the present Treaty will be conducted under German law except in so
far as this has been modified by decrees duly published on the spot by
the French authorities.
- 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:
- 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;
- 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;
- 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:
- 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;
- All foreigners, not nationals of a German State, who acquired
the status of a citizen of Alsace-Lorraine before August 3, 1914;
- 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;
- All Germans born or domiciled in Alsace-Lorraine who have
served in the Allied or Associated armies during the present war, and
their descendants;
- All persons born in Alsace-Lorraine before May 10, 1871, of foreign parents, and the descendants of such persons;
- The husband or wife of any person whose French nationality may have been restored under paragraph 1, or who may have claimed and obtained French nationality in accordance with the preceding provisions.
The legal representative of a minor may exercise, on behalf of that
minor, the right to claim French nationality; and if that right has not
been exercised, the minor may claim French nationality within the year
following his majority.
Except in the cases provided for in No.(6) of the present paragraph,
the French authorities reserve to themselves the right, in individual
cases, to reject the claim to French nationality.
3. Subject to the provisions of paragraph 2,
Germans born or domiciled in Alsace-Lorraine shall not acquire French
nationality by reason of the restoration of Alsace-Lorraine to France,
even though they may have the status of citizens of Alsace-Lorraine.
They may acquire French nationality only by naturalisation, on
condition of having been domiciled in Alsace-Lorraine from a date
previous to August 3, 1914, and of submitting proof of unbroken
residence within the restored territory for a period of three years from
November 11, 1918.
France will be solely responsible for their diplomatic and consular
protection from the date of their application for French naturalisation.
The French Government shall determine the procedure by which
reinstatement in French nationality as of right shall be effected, and
the conditions under which decisions shall be given upon claims to such
nationality and applications for naturalisation, as provided by the
present Annex.
SECTION VI.
AUSTRIA.
ARTICLE 80.
Germany acknowledges and will respect strictly the independence of
Austria, within the frontiers which may be fixed in a Treaty between
that State and the Principal Allied and Associated Powers; she agrees
that this independence shall be inalienable, except with the consent of
the Council of the League of Nations.
SECTION VII.
CZECH0-SLOVAK STATE.
ARTICLE 81.
Germany, in conformity with the action already taken by the Allied
and Associated Powers, recognises the complete independence of the
Czecho-Slovak State which will include the autonomous territory of the
Ruthenians to the south of the Carpathians. Germany hereby recognises
the frontiers of this State as determined by the Principal Allied and
Associated Powers and the other interested States.
ARTICLE 82.
The old frontier as it existed on August 3, 1914, between
Austria-Hungary and the German Empire will constitute the frontier
between Germany and the Czecho-Slovak State.
ARTICLE 83.
Germany renounces in favour of the Czecho-Slovak State all rights and
title over the portion of Silesian territory defined as follows:
starting from a point about 2 kilometres south-east of Katscher, on the
boundary between the Kreise of Leobschutz and Ratibor: the boundary
between the two Kreise; then, the former boundary between Germany and
Austria-Hungary up to a point on the Oder immediately to the south of
the Ratibor-Oderberg railway; thence, towards the north-west and up to a
point about 2 kilometres to the south-east of Katscher: a line to be
fixed on the spot passing to the west of Kranowitz. A Commission
composed of seven members, five nominated by the Principal Allied and
Associated Powers, one by Poland and one by the Czecho-Slovak State,
will be appointed fifteen days after the coming into force of the
present Treaty to trace on the spot the frontier line between Poland and
the Czecho-Slovak State. The decisions of this Commission will be taken
by a majority and shall be binding on the parties concerned. Germany
hereby agrees to renounce in favour of the Czecho-Slovak State all
rights and title over the part of the Kreis of Leobschutz comprised
within the following boundaries in case after the determination of the
frontier between Germany and Poland the said part of that Kreis should
become isolated from Germany: from the south-eastern extremity of the
salient of the former Austrian frontier at about 5 kilometres to the
west of Leobschutz southwards and up to the point of junction with the
boundary between the Kreise of Leobschutz and Ratibor: the former
frontier between Germany and Austria-Hungary; then, northwards, the
administrative boundary between the Kreise of Leobschutz and Ratibor up
to a point situated about 2 kilometres to the south-east of Katscher;
thence, north-westwards and up to the starting-point of this definition:
a line to be fixed on the spot passing to the east of Katscher,
ARTICLE 84.
German nationals habitually resident in any of the territories
recognised as forming part of the Czecho-Slovak State will obtain
Czecho-Slovak nationality ipso facto and lose their German nationality.
ARTICLE 85.
Within a period of two years from the coming into force of the
present Treaty, German nationals over eighteen years of age habitually
resident in any of the territories recognized as forming part of the
Czecho-Slovak State will be entitled to opt for German. nationality.
Czecho-Slovaks who are German nationals and are habitually resident in
Germany will have a similar right to opt for Czecho-Slovak nationality.
Option by a husband will cover his wife and option by parents will cover their children under eighteen years of age.
Persons who have exercised the above right to opt must within the
succeeding twelve months transfer their place of residence to the State
for which they have opted.
They will be entitled to retain their landed property in the
territory of the other State where they had their place of residence
before exercising the right to opt. They may carry with them their
movable property of every description. No export or import duties may be
imposed upon them in connection with the removal of such property.
Within the same period Czecho-Slovaks, who are German nationals and
are in a foreign country will be entitled, in the absence of any
provisions to the contrary in the foreign law, and if they have not
acquired the foreign nationality, to obtain Czecho-Slovak nationality
and lose their German nationality by complying with the requirements
laid down by the Czecho-Slovak State.
ARTICLE 86.
The Czecho-Slovak State accepts and agrees to embody in a Treaty with
the Principal Allied and Associated Powers such provisions as may be
deemed necessary by the said Powers to protect the interests of
inhabitants of that State who differ from the majority of the population
in race, language, or religion.
The Czecho-Slovak State further accepts and agrees to embody in a
Treaty with the said Powers such provisions as they may deem necessary
to protect freedom of transit and equitable treatment of the commerce of
other nations.
The proportion and nature of the financial obligations of Germany and
Prussia which the Czecho-Slovak State will have to assume on account of
the Silesian territory placed under its sovereignty will be determined
in accordance with Article 254 of Part IX (Financial Clauses) of the present Treaty.
Subsequent agreements will decide all questions not decided by the
present Treaty which may arise in consequence of the cession of the said
territory.
SECTION VIII.
POLAND.
ARTICLE 87.
Germany, in conformity with the action already taken by the Allied
and Associated Powers, recognises the complete independence of Poland,
and renounces in her favour all rights and title over the territory
bounded by the Baltic Sea, the eastern frontier of Germany as laid down
in Article 27
of Part II (Boundaries of Germany) of the present Treaty up to a point
situated about 2 kilometres to the east of Lorzendorf, then a line to
the acute angle which the northern boundary of Upper Silesia makes about
3 kilometres north-west of Simmenau, then the boundary of Upper Silesia
to its meeting point with the old frontier between Germany and Russia,
then this frontier to the point where it crosses the course of the
Niemen, and then the northern frontier of East Prussia as laid down in Article 28 of Part II aforesaid.
The provisions of this Article do not, however, apply to the
territories of East Prussia and the Free City of Danzig, as defined in Article 28 of Part II (Boundaries of Germany) and in Article 100 of Section XI (Danzig) of this Part.
The boundaries of Poland not laid down in the present Treaty will be
subsequently determined by the Principal Allied and Associated Powers.
A Commission consisting of seven members, five of whom shall be
nominated by the Principal Allied and Associated Powers, one by Germany
and one by Poland, shall be constituted fifteen days after the coming
into force of the present Treaty to delimit on the spot the frontier
line between Poland and Germany. The decisions of the Commission will be
taken by a majority of votes and shall be binding upon the parties
concerned.
ARTICLE 88.
In the portion of Upper Silesia included within the boundaries
described below, the inhabitants will be called upon to indicate by a
vote whether they wish to be attached to Germany or to Poland: starting
from the northern point of the salient of the old province of Austrian
Silesia situated about 8 kilometres east of Neustadt, the former
frontier between Germany and Austria to its junction with the boundary
between the Kreise of Leobschutz and Ratibor; thence in a northerly
direction to a point about 2 kilometres south-east of Katscher: the
boundary between the Kreise of Leobschutz and Ratibor; thence in a
south-easterly direction to a point on the course of the Oder
immediately south of the Ratibor-Oderberg railway: a line to be fixed on
the ground passing south of Kranowitz; thence the old boundary between
Germany and Austria, then the old boundary between Germany and Russia to
its junction with the administrative boundary between Posnania and
Upper Silesia; thence this administrative boundary to its junction with
the administrative boundary between Upper and Middle Silesia, thence
westwards to the point where the administrative boundary turns in an
acute angle to the south-east about 3 kilometres north-west of Simmenau:
the boundary between Upper and Middle Silesia; then in a westerly
direction to a point to be fixed on the ground about 2 kilometres east
of Lorzendorf: a line to be fixed on the ground passing north of Klein
Hennersdorf: thence southwards to the point where the boundary between
Upper and Middle Silesia cuts the Stadtel-Karlsruhe road: a line to be
fixed on the ground passing west of Hennersdorf, Polkowitz, Noldau,
Steinersdorf, and Dammer, and east of Strehlitz, Nassadel, Eckersdorf,
Schwirz, and Stadtel; thence the boundary between Upper and Middle
Silesia to its junction with the eastern boundary of the Kreis of
Falkenberg; then the eastern boundary of the Kreis of Falkenberg to the
point of the salient which is 3 kilometres east of Puschine; thence to
the northern point of the salient of the old province of Austrian
Silesia situated about 8 kilometres east of Neustadt: a line to be fixed
on the ground passing east of Zulz.
The regime under which this plebiscite will be taken and given effect to is laid down in the Annex hereto.
The Polish and German Governments hereby respectively bind themselves
to conduct no prosecutions on any part of their territory and to take
no exceptional proceedings for any political action performed in Upper
Silesia during the period of the regime laid down in the Annex hereto
and up to the settlement of the final status of the country.
Germany hereby renounces in favour of Poland all rights and title
over the portion of Upper Silesia Iying beyond the frontier line fixed
by the Principal Allied and Associated Powers as the result of the
plebiscite.
ANNEX.
Within fifteen days from the coming into force of the present Treaty
the German troops and such officials as may be designated by the
Commission set up under the provisions of paragraph 2 shall evacuate the
plebiscite area. Up to the moment of the completion of the evacuation
they shall refrain from any form of requisitioning in money or in kind
and from all acts likely to prejudice the material interests of the
country.
Within the same period the Workmen's and Soldiers' Councils which
have been constituted in this area shall be dissolved. Members of such
Councils who are natives of another region and are exercising their
functions at the date of the coming into force of the present Treaty, or
who have gone out of office since March 1, 1919, shall be evacuated.
All military and semi-military unions formed in the said area by
inhabitants of the district shall be immediately disbanded All members
of such military organisations who are not domiciled in the said area
shall be required to leave it.
The plebiscite area shall be immediately placed under the authority
of an International Commission of four members to be designated by the
following Powers: the United States of America, France, the British
Empire, and Italy. It shall be occupied by troops belonging to the
Allied and Associated Powers, and the German Government undertakes to
give facilities for the transference of these troops to Upper Silesia.
3. The Commission shall enjoy all the powers exercised by the
German or the Prussian Government, except those of legislation or
taxation. It shall also be substituted for the Government of the
province and the Regierungsbezirk.
It shall be within the competence of the Commission to interpret the
powers hereby conferred upon it and to determine to what extent it shall
exercise them, and to what extent they shall be left in the hands of
the existing authorities.
Changes in the existing laws and the existing taxation shall only be brought into force with the consent of the Commission.
The Commission will maintain order with the help of the troops which
will be at its disposal, and, to the extent which it may deem necessary,
by means of gendarmerie recruited among the inhabitants of the country.
The Commission shall provide immediately for the replacement of the
evacuated German officials and, if occasion arises, shall itself order
the evacuation of such authorities and proceed to the replacement of
such local authorities as may be required.
It shall take all steps which it thinks proper to ensure the freedom,
fairness, and secrecy of the vote. In particular, it shall have the
right to order the expulsion of any person who may in any way have
attempted to distort the result of the plebiscite by methods of
corruption or intimidation.
The Commission shall have full power to settle all questions arising
from the execution of the present clauses. It shall be assisted by
technical advisers chosen by it from among the local population.
The decisions of the Commission shall be taken by a majority vote.
4. The vote shall take place at such date as may be determined
by the Principal Allied and Associated Powers, but not sooner than six
months or later than eighteen months after the establishment of the
Commission in the area.
The right to vote shall be given to all persons without distinction of sex who:
- Have completed their twentieth year on the 1st January of the year in which the plebiscite takes place-
- 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:
- The proceeds of the liquidation shall be paid direct to the owner;
- If on his application the Mixed Arbitral Tribunal provided for by Section VI
of Part X (Economic Clauses) of the present Treaty, or an arbitrator
appointed by that Tribunal, is satisfied that the conditions of the sale
or measures taken by the Polish Government outside its general
legislation were unfairly prejudicial to the price obtained, they shall
have discretion to award to the owner equitable compensation to be paid
by the Polish Government.
Further agreements will regulate all questions arising out of the
cession of the above territory which are not regulated by the present
Treaty.
ARTICLE 93.
Poland accepts and agrees to embody in a Treaty with the Principal
Allied and Associated Powers such provisions as may be deemed necessary
by the said Powers to protect the interests of inhabitants of Poland who
differ from the majority of the population in race, language, or
religion.
Poland further accepts and agrees to embody in a Treaty with the said
Powers such provisions as they may deem necessary to protect freedom of
transit and equitable treatment of the commerce of other nations.
SECTION IX.
EAST PRUSSIA.
ARTICLE 94.
In the area between the southern frontier of East Prussia, as described in Article 28
of Part II (Boundaries of Germany) of the present Treaty, and the line
described below, the inhabitants will be called upon to indicate by a
vote the State to which they wish to belong:
The western and northern boundary of Regierungsbezirk Allenstein to
its junction with the boundary between the Kreise of Oletsko and
Angerburg; thence, the northern boundary of the Kreis of Oletsko to its
junction with the old frontier of East Prussia.
ARTICLE 95.
The German troops and authorities will be withdrawn from the area
defined above within a period not exceeding fifteen days after the
coming into force of the present treaty. Until the evacuation is
completed they will abstain from all requisitions in money or in kind
and from all measures injurious to the economic interests of the
country.
On the expiration of the above-mentioned period the said area will be
placed under the authority of an International Commission of five
members appointed by the Principal Allied and Associated Powers. This
Commission will have general powers of administration and, in
particular, will be charged with the duty of arranging for the vote and
of taking such measures as it may deem necessary to ensure its freedom,
fairness, and secrecy. The Commission will have all necessary authority
to decide any questions to which the execution of these provisions may
give rise. The Commission will make such arrangements as may be
necessary for assistance in the exercise of its functions by officials
chosen by itself from the local population. Its decisions will be taken
by a majority.
Every person, irrespective of sex, will be entitled to vote who:
- Is 20 years of age at the date of the coming into force of the present Treaty, and
- Was born within the area where the vote will take place or
has been habitually resident there from a date to be fixed by the
Commission.
Every person will vote in the commune where he is habitually resident
or, if not habitually resident in the area, in the commune where he was
born.
The result of the vote will be determined by communes (Gemeinde) according to the majority of the votes in each commune.
On the conclusion of the voting the number of votes cast in each
commune will be communicated by the Commission to the Principal Allied
and Associated Powers, with a full report as the taking of the vote and a
recommendation as to the line which ought to be adopted as the boundary
of East Prussia in this region . In this recommendation regard will be
paid to the wishes of the inhabitants as shown by the vote and to the
geographical and economic conditions of the locality. The Principal
Allied and Associated Powers will then fix the frontier between East
Prussia and Poland in this region.
If the line fixed by the Principal Allied and Associated Powers is
such as to exclude from East Prussia any part of the territory defined
in Article 94, the renunciation of its rights by Germany in favour of Poland, as provided in Article 87 above, will extend to the territories so excluded.
As soon as the line has been fixed by the Principal Allied and
Associated Powers, the authorities administering East Prussia will be
notified by the International Commission that they are free to take over
the administration of the territory to the north of the line so fixed,
which they shall proceed to do within one month of such notification and
in the manner prescribed by the Commission. Within the same period and
as prescribed by the Commission, the Polish Government must proceed to
take over the administration of the territory to the south of the line.
The administration of the territory by the East Prussian and Polish
authorities respectively has been provided for, the powers of the
Commission will terminate.
Expenditure by the Commission, whether in the discharge of its own
functions or in the administration of the territory, will be borne by
the local revenues East Prussia will be required to bear such proportion
of any deficit as may be fixed by the Principal Allied and Associated
Powers.
ARTICLE 96.
In the area comprising the Kreise of Stuhm and Rosenberg and the
portion of the Kreis of Marienburg which is situated east of the Nogat
and that of Marienwerder east of the Vistula, the inhabitants will be
called upon to indicate by a vote, to be taken in each commune
(Gemeinde), whether they desire the various communes situated in this
territory to belong to Poland or to East Prussia.
ARTICLE 97.
The German troops and authorities will be withdrawn from the area defined in Article 96
within a period not exceeding fifteen days after the coming into force
of the present Treaty. Until the evacuation is completed they will
abstain from all requisitions in money or in kind and from all measures
injurious to the economic interests of the country.
On the expiration of the above-mentioned period, the said area will
be placed under the authority of an International Commission of five
members appointed by the Principal Allied and Associated Powers. This
Commission, supported if occasion arises by the necessary forces, will
have general powers of administration and in particular will be charged
with the duty of arranging for the vote and of taking such measures as
it may deem necessary to ensure its freedom, fairness, and secrecy. The
Commission will conform as far as possible to the provisions of the
present Treaty relating to the plebiscite in the Allenstein area; its
decisions will be taken by a majority.
Expenditure by the Commission, whether in the discharge of its own
functions or in the administration of the territory, will be borne by
the local revenues.
On the conclusion of the voting the number of votes cast in each
commune will be communicated by the Commission to the Principal Allied
and Associated Powers with a full report as to the taking of the vote
and a recommendation as to the line which ought to be adopted as the
boundary of East Prussia in this region. In this recommendation regard
will be paid to the wishes of the inhabitants as shown by the vote and
to the geographical and economic conditions of the locality. The
Principal Allied and Associated Powers will then fix the frontier
between East Prussia and Poland in this region, leaving in any case to
Poland for the whole of the section bordering on the Vistula full and
complete control of the river including the east bank as far east of the
river as may be necessary for its regulation and improvement, Germany
agrees that in any portion of the said territory which remains German,
no fortifications shall at any time be erected. The Principal Allied and
Associated Powers will at the same time draw up regulations for
assuring to the population of East Prussia to the fullest extent and
under equitable conditions access to the Vistula and the use of it for
themselves, their commerce, and their boats.
The determination of the frontier and the foregoing regulations shall be binding upon all the parties concerned.
When the administration of the territory has been taken over by the
East Prussian and Polish authorities respectively, the powers of the
Commission will terminate.
ARTICLE 98.
Germany and Poland undertake, within one year of the coming into
force of this Treaty, to enter into conventions of which the terms, in
case of difference, shall be settled by the Council of the League of
Nations, with the object of securing, on the one hand, to Germany full
and adequate railroad, telegraphic and telephonic facilities for
communication between the rest of Germany and East Prussia over the
intervening Polish territory, and on the other hand to Poland full and
adequate railroad, telegraphic and telephonic facilities for
communication between Poland and the Free City of Danzig over any German
territory that may, on the right bank of the Vistula, intervene between
Poland and the Free City of Danzig.
SECTION X.
MEMEL.
ARTICLE 99.
Germany renounces in favour of the Principal Allied and Associated
Powers all rights and title over the territories included between the
Baltic, the north-eastern frontier of East Prussia as defined in Article
28 of Part II (Boundaries of Germany) of the present Treaty and the
former frontier between Germany and Russia. Germany undertakes to accept
the settlement made by the Principal Allied and Associated Powers in
regard to these territories, particularly in so far as concerns the
nationality of the inhabitants.
SECTION XI.
FREE CITY OF DANZIG.
ARTICLE 100.
Germany renounces in favour of the Principal Allied and Associated
Powers all rights and title over the territory comprised within the
following limits:
from the Baltic Sea southwards to the point where the principal
channels of navigation of the Nogat and the Vistula (Weichsel) meet:
the boundary of East Prussia as described in Article 28 of Part II (Boundaries of Germany) of the present Treaty;
thence the principal channel of navigation of the Vistula downstream
to a point about 6-1/2 kilometres north of the bridge of Dirschau;
thence north-west to point 5-1/2 kilometres south-east of the church of Guttland:
a line to be fixed on the ground,
thence in a general westerly direction to the salient made by the
boundary of the Kreis of Berent 8-1/2 kilometres north-east of Schoneck:
a line to be fixed on the ground passing between Muhlbanz on the south and Rambeltsch on the north;
thence the boundary of the Kreis of Berent westwards to the
re-entrant which it forms 6 kilometres north-north-west Schoneck; thence
to a point on the median line of Lonkener See:
a line to be fixed on the ground passing north of Neu Fietz and Schatarpi and south of Barenhutte and Lonken;
thence the median line of Lonkener See to its northernmost point;
thence to the southern end of Pollenziner See:
a line to be fixed on the ground;
thence the median line of Pollenziner See to its northernmost point;
thence in a north-easterly direction to a point about 1 kilometre
south of Koliebken church, where the Danzig-Neustadt railway crosses a
stream:
a line to be fixed on the ground passing south-east of Kamehlen,
Krissau, Fidlin, Sulmin (Richthof), Mattern, Schaferei, and to the
north-west of Neuendorf, Marschau, Czapielken, Hoch- and Klein-Kelpin,
Pulvermuhl, Renneberg, and the towns of Oliva and Zoppot;
thence the course of the stream mentioned above to the Baltic Sea.
The boundaries described above are drawn on a German map, scale
1/100,000, attached to the present Treaty (Map No. 3).
ARTICLE 101.
A Commission composed of three members appointed by the Principal
Allied and Associated Powers, including a High Commissioner as
President, one member appointed by Germany and one member appointed by
Poland, shall be constituted within fifteen days of the coming into
force of the present Treaty for the purpose of delimiting on the spot
the frontier of the territory as described above, taking into account as
far as possible the existing communal boundaries.
ARTICLE 102.
The Principal Allied and Associated Powers undertake to establish the
town of Danzig, together with the rest of the territory described in Article 100, as a Free City. It will be placed under the protection of the League of Nations.
ARTICLE 103.
A constitution for the Free City of Danzig shall be drawn up by the
duly appointed representatives of the Free City in agreement with a High
Commissioner to be appointed by the League of Nations. This
constitution shall be placed under the guarantee of the League of
Nations.
The High Commissioner will also be entrusted with the duty of dealing
in the first instance with all differences arising between Poland and
the Free City of Danzig in regard to this Treaty or any arrangements or
agreements made thereunder.
The High Commissioner shall reside at Danzig.
ARTICLE 104.
The Principal Allied and Associated Powers undertake to negotiate a
Treaty between the Polish Government and the Free City of Danzig, which
shall come into force at the same time as the establishment of the said
Free City, with the following objects:
- To effect the inclusion of the Free City of Danzig within the
Polish Customs frontiers, and to establish a free area in the port;
- To ensure to Poland without any restriction the free use
and service of all waterways, docks, basins, wharves and other works
within the territory of the Free City necessary for Polish imports and
exports;
- To ensure to Poland the control and administration of the
Vistula and of the whole railway system within the Free City, except
such street and other railways as serve primarily the needs of the Free
City, and of postal, telegraphic and telephonic communication between
Poland and the port of Danzig;
- 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,
- 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;
- To provide that the Polish Government shall undertake the
conduct of the foreign relations of the Free City of Danzig as well as
the diplomatic protection of citizens of that city when abroad.
ARTICLE 105.
On the coming into force of the present Treaty German nationals ordinarily resident in the territory described in Article 100 will ipso facto lose their German nationality in order to become nationals of the Free City of Danzig.
ARTICLE 106.
Within a period of two years from the coming into force of the
present Treaty, German nationals over 18 years of age ordinarily
resident in the territory described in Article 100 will have the right to opt for German nationality.
Option by a husband will cover his wife and option by parents will cover their children less than 18 years of age.
All persons who exercise the right of option referred to above must
during the ensuing twelve months transfer their place of residence to
Germany.
These persons will be entitled to preserve the immovable property
possessed by them in the territory of the Free City of Danzig. They may
carry with them their movable property of every description. No export
or import duties shall be imposed upon upon them in this connection.
ARTICLE 107.
All property situated within the territory of the Free City of Danzig
belonging to the German Empire or to any German State shall pass to the
Principal Allied and Associated Powers for transfer to the Free City of
Danzig or to the Polish State as they may consider equitable.
ARTICLE 108.
The proportion and nature of the financial liabilities of Germany and
of Prussia to be borne by the Free City of Danzig shall be fixed in
accordance with Article 254 of Part IX (Financial Clauses) of the present Treaty.
All other questions which may arise from the cession of the territory
referred to in Article 100 shall be settled by further agreements.
SECTION XII.
SCHLESWIG.
ARTICLE 109.
The frontier between Germany and Denmark shall be fixed in conformity
with the wishes of the population. For this purpose, the population
inhabiting the territories of the former German Empire situated to the
north of a line, from East to West, (shown by a brown line on the map
No. 4, annexed to the present Treaty):
leaving the Baltic Sea about 13 kilometres east-north-east of Flensburg,
running south-west so as to pass south-east of: Sygum, Ringsberg,
Munkbrarup, Adelby, Tastrup, Jarplund, Oversee, and northwest of:
Langballigholz, Langballig, Bonstrup, Rullschau, Weseby, Kleinwolstrup,
Gross-Solt,
thence westwards passing south of Frorup and north of Wanderup,
thence in a south-westerly direction passing south-east of Oxlund,
Stieglund and Ostenau and north-west of the villages on the
Wanderup-Kollund road,
thence in a north-westerly direction passing south-west of
Lowenstedt, Joldelund, Goldelund, and north-east of Kolkerheide and
Hogel to the bend of the Soholmer Au, about 1 kilometre east of Soholm,
where it meets the southern boundary of the Kreis of Tondern, following
this boundary to the North Sea,passing south of the islands of Fohr and
Amrum and north of the islands of Oland and Langeness, shall be called
upon to pronounce by a vote which will be taken under the following
conditions:
- Within a period not exceeding ten days from the coming into force
of the present Treaty, the German troops and authorities (including the
Oberprasidenten, Regierungs-prasidenten, Landrathe, Amtsvorsteher,
Oberburgermeister) shall evacuate the zone lying to the north of the
line above fixed.
Within the same period the Workmen's and Soldiers', Councils which
have been constituted in this zone shall be dissolved; members of such
councils who are natives of another region and are exercising their
functions at the date of the coming into force of the present Treaty, or
who have gone out of office since March 1, 1919, shall also be
evacuated.
The said zone shall immediately be placed under the authority of an
International Commission, composed of five members, of whom three will
be designated by the Principal Allied and Associated Powers; the
Norwegian and Swedish Governments will each be requested to designate a
member; in the event of their failing to do so, these two members will
be chosen by the Principal Allied and Associated Powers.
The Commission, assisted in case of need by the necessary forces,
shall have general powers of administration. In particular, it shall at
once provide for filling the places of the evacuated German authorities,
and if necessary shall itself give orders for their evacuation, and
proceed to fill the places of such local authorities as may be required.
It shall take all steps which it thinks proper to ensure the freedom,
fairness, and secrecy of the vote. It shall be assisted by German and
Danish technical advisers chosen by it from among the local population.
Its decisions will be taken by a majority.
One-half of the expenses of the Commission and of the expenditure occasioned by the plebiscite shall be paid by Germany.
- The right to vote shall be given to all persons, without distinction of sex, who:
- Have completed their twentieth year at the date of the coming into force of the present Treaty; and
- 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.
- In the section of the evacuated zone lying to the north of a
line, from East to West (shown by a red line on map No. 4 which is
annexed to the present Treaty). [See Introduction]:
passing south of the island of Alsen and following the median line of Flensburg Fjord,
leaving the fjord about 6 kilometres north of Flensburg and
following the course of the stream flowing past Kupfermuhle upstream to a
point north of Niehuus,
passing north of Pattburg and Ellund and south of Froslee to meet
the eastern boundary of the Kreis of Tondern at its junction with the
boundary between the old jurisdiction of Slogs and Kjaer (Slogs, Herred,
and Kaer Herred),
following the latter boundary to where it meets the Scheidebek,
following the course of the Scheidebek (AIte Au), Suder Au, and Wied Au
downstream successively to the point where the latter bends northwards
about 1,500 metres west of Ruttebull
thence, in a west-north-westerly direction to meet the North Sea north of SieItoft,
thence, passing north of the island of Sylt,
the vote above provided for shall be taken within a period not
exceeding three weeks after the evacuation of the country by the German
troops and authorities.
The result will be determined by the majority of votes cast in the
whole of this section. This result will be immediately communicated by
the Commission to the Principal Allied and Associated Powers and
proclaimed.
If the vote results in favour of the reincorporation of this
territory in the Kingdom of Denmark, the Danish Government in agreement
with the Commission will be entitled to effect its occupation with their
military and administrative authorities immediately after the
proclamation.
- 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 de finitely in favour of the Principal
Allied and Associated Powers all rights of sovereignty over the
territories situated to the north of the frontier line fixed in
accordance with the above provisions. The Principal Allied and
Associated Powers will hand over the said territories to Denmark.
ARTICLE 111.
A Commission composed of seven members, five of whom shall be
nominated by the Principal Allied and Associated Powers, one by Denmark,
and one by Germany, shall be constituted within fifteen days from the
date when the final result of the vote is known, to trace the frontier
line on the spot.
The decisions of the Commission will be taken by a majority of votes and shall be binding on the parties concerned.
ARTICLE 112.
All the inhabitants of the territory which is returned to Denmark
will acquire Danish nationality ipso facto, and will lose their German
nationality.
Persons, however, who had become habitually resident in this
territory after October 1, 1918, will not be able to acquire Danish
nationality without permission from the Danish Government.
ARTICLE 113.
Within two years from the date on which the sovereignty over the
whole or part of the territory of Schleswig subjected to the plebiscite
is restored to Denmark:
Any person over 18 years of age, born in the territory restored to
Denmark not habitually resident in this region, and possessing German
nationality, will be entitled to opt for Denmark;
Any person over 18 years of age habitually resident in the territory restored to Denmark will be entitled to opt for Germany.
Option by a husband will cover his wife and option by parents will cover their children less than 18 years of age.
Persons who have exercised the above right to opt must within the
ensuing twelve months transfer their place of residence to the State in
favour of which they have opted.
They will be entitled to retain the immovable property which they own
in the territory of the other State in which they were habitually
resident before opting. They may carry with them their movable property
of every description. No export or import duties may be imposed upon
them in connection with the removal of such property.
ARTICLE 114.
The proportion and nature of the financial or other obligations of
Germany and Prussia which are to be assumed by Denmark will be fixed in
accordance with Article 254 of Part IX (Financial Clauses) of the present Treaty.
Further stipulations will determine any other questions arising out
of the transfer to Denmark of the whole or part of the territory of
which she was deprived by the Treaty of October 30, 1864.
SECTION XIII.
HELIGOLAND.
ARTICLE 115.
The fortifications, military establishments, and harbours, of the
Islands of Heligoland and Dune shall be destroyed under the supervision
of the Principal Allied Governments by German labour and at the expense
of Germany within a period to be determined by the said Governments.
The term "harbours,, shall include the north-east mole, the west
wall, the outer and inner breakwaters, and reclaimed land within them,
and all naval and military works, fortifications, and buildings,
constructed or under construction, between lines connecting the
following positions taken from the British Admiralty chart No. 126 of
April 19, 1918:
- lat. 54° 10' 49" N.; long. 7° 53' 39" E.;
- Â54° 10' 35" N.;  7° 54' 18" E.;
- Â54° 10' 14" N.;  7° 54' 00" E.;
- Â54° 10' 17" N.;  7° 53' 37" E.;
- Â54° 10' 44" N.;  7° 53' 26" E.
These fortifications, military establishments, and harbours shall not
be reconstructed nor shall any similar works be constructed in future.
SECTION XIV.
RUSSIA AND RUSSIAN STATES.
ARTICLE 116.
Germany acknowledges and agrees to respect as permanent and
inalienable the independence of all the territories which were part of
the former Russian Empire on August 1, 1914.
In accordance with the provisions of Article 259 of Part IX (Financial Clauses) and Article 292
of Part X (Economic Clauses) Germany accepts definitely the abrogation
of the Brest-Litovsk Treaties and of all other treaties, conventions,
and agreements entered into by her with the Maximalist Government in
Russia.
The Allied and Associated Powers formally reserve the rights of
Russia to obtain from Germany restitution and reparation based on the
principles of the present Treaty.
ARTICLE 117.
Germany undertakes to recognise the full force of all treaties or
agreements which may be entered into by the Allied and Associated Powers
with States now existing or coming into existence in future in the
whole or part of the former Empire of Russia as it existed on August 1,
1914, and to recognise the frontiers of any such States as determined
therein.
MANDATES IN AFRICA
[see MAP]
PART IV
GERMAN RIGHTS AND INTERESTS OUTSIDE GERMANY.
ARTICLE 118.
In territory outside her European frontiers as fixed by the present
Treaty, Germany renounces all rights, titles and privileges whatever in
or over territory which belonged to her or to her allies, and all
rights, titles and privileges whatever their origin which she held as
against the Allied and Associated Powers.
Germany hereby undertakes to recognise and to conform to the measures
which may be taken now or in the future by the Principal Allied and
Associated Powers, in agreement where necessary with third Powers, in
order to carry the above stipulation into effect.
In particular Germany declares her acceptance of the following Articles relating to certain special subjects.
SECTION I.
GERMAN COLONIES.
ARTICLE 119.
Germany renounces in favour of the Principal Allied and Associated
Powers all her rights and titles over her oversea possessions.
ARTICLE 120.
All movable and immovable property in such territories belonging to
the German Empire or to any German State shall pass to the Government
exercising authority over such territories, on the terms laid down in Article 257 of
Part IX (Financial Clauses) of the present Treaty. The decision of the
local courts in any dispute as to the nature of such property shall be
final.
ARTICLE 121.
The provisions of Sections I and IV
of Part X (Economic Clauses) of the present Treaty shall apply in the
case of these territories whatever be the form of Government adopted for
them.
ARTICLE 122.
The Government exercising authority over such territories may make
such provisions as it thinks fit with reference to the repatriation from
them of German nationals and to the conditions upon which German
subjects of European origin shall, or shall not, be allowed to reside,
hold property, trade or exercise a profession in them.
ARTICLE 123.
The provisions of Article 260
of Part IX (Financial Clauses) of the present Treaty shall apply in the
case of all agreements concluded with German nationals for the
construction or exploitation of public works in the German oversea
possessions, as well as any sub-concessions or contracts resulting
therefrom which may have been made to or with such nationals.
ARTICLE 124.
Germany hereby undertakes to pay, in accordance with the estimate to
be presented by the French Government and approved by the Reparation
Commission, reparation for damage suffered by French nationals in the
Cameroons or the frontier zone by reason of the acts of the German civil
and military authorities and of German private individuals during the
period from January 1, 1900, to August 1, 1914.
ARTICLE 125.
Germany renounces all rights under the Conventions and Agreements
with France of November 4, 1911, and September 28, 1912, relating to
Equatorial Africa. She undertakes to pay to the French Government, in
accordance with the estimate to be presented by that Government and
approved by the Reparation Commission, all the deposits, credits,
advances, etc., effected by virtue of these instruments in favour of
Germany.
ARTICLE 126.
Germany undertakes to accept and observe the agreements made or to be
made by the Allied and Associated Powers or some of them with any other
Power with regard to the trade in arms and spirits, and to the matters
dealt with in the General Act of Berlin of February 26, 1885, the
General Act of Brussels of July 2, 1890, and the conventions completing
or modifying the same.
ARTICLE 127.
The native inhabitants of the former German oversea possessions shall
be entitled to the diplomatic protection of the Governments exercising
authority over those territories.
SECTION II.
CHINA.
ARTICLE 128.
Germany renounces in favour of China all benefits and privileges
resulting from the provisions of the final Protocol signed at Peking on
September 7, 1901, and from all annexes, notes and documents
supplementary thereto. She likewise renounces in favour of China any
claim to indemnities accruing thereunder subsequent to March 14, 1917.
ARTICLE 129.
From the coming into force of the present Treaty the High Contracting
Parties shall apply, in so far as concerns them respectively:
- The Arrangement of August 29, 1902, regarding the new Chinese customs tariff;
- The Arrangement of September 27, 1905, regarding Whang-Poo, and the provisional supplementary Arrangement of April 4, 1912.
China, however, will no longer be bound to grant to Germany the
advantages or privileges which she allowed Germany under these
Arrangements.
[SEE MAP p. 87]
ARTICLE 130.
Subject to the provisions of Section VIII
of this Part, Germany cedes to China all the buildings, wharves and
pontoons, barracks, forts, arms and munitions of war, vessels of all
kinds, wireless telegraphy installations and other public property
belonging to the German Government, which are situated or may be in the
German Concessions at Tientsin and Hankow or elsewhere in Chinese
territory.
It is understood, however, that premises used as diplomatic or
consular residences or offices are not included in the above cession,
and, furthermore, that no steps shall be taken by the Chinese Government
to dispose of the German public and private property situated within
the so-called Legation Quarter at Peking without the consent of the
Diplomatic Representatives of the Powers which, on the coming into force
of the present Treaty, remain Parties to the Final Protocol of
September 7, 1901.
ARTICLE 131.
Germany undertakes to restore to China within twelve months from the
coming into force of the present Treaty all the astronomical instruments
which her troops in 1900-1901 carried away from China, and to defray
all expenses which may be incurred in effecting such restoration,
including the expenses of dismounting, packing, transporting, insurance
and installation in Peking.
ARTICLE 132.
Germany agrees to the abrogation of the leases from the Chinese
Government under which the German Concessions at Hankow and Tientsin are
now held.
China, restored to the full exercise of her sovereign rights in the
above areas, declares her intention of opening them to international
residence and trade. She further declares that the abrogation of the
leases under which these concessions are now held shall not affect the
property rights of nationals of Allied and Associated Powers who are
holders of lots in these concessions.
ARTICLE 133
Germany waives all claims against the Chinese Government or against
any Allied or Associated Government arising out of the internment of
German nationals in China and their repatriation. She equally renounces
all claims arising out of the capture and condemnation of German ships
in China, or the liquidation, sequestration or control of German
properties, rights and interests in that country since August 14, 1917.
This provision, however, shall not affect the rights of the parties
interested in the proceeds of any such liquidation, which shall be
governed by the provisions of Part X (Economic Clauses) of the present Treaty.
ARTICLE 134
Germany renounces in favour of the Government of His Britannic
Majesty the German State property in the British Concession at Shameen
at Canton. She renounces in favour of the French and Chinese Governments
conjointly the property of the German school situated in the French
Concession at Shanghai.
SECTION III.
SIAM.
ARTICLE 135.
Germany recognises that all treaties, conventions and agreements
between her and Siam, and all rights, title and privileges derived
therefrom, including all rights of extraterritorial jurisdiction,
terminated as from July 22, 1917.
ARTICLE 136.
All goods and property in Siam belonging to the German Empire or to
any German State, with the exception of premises used as diplomatic or
consular residences or offices, pass ipso facto and without compensation
to the Siamese Government.
The goods, property and private rights of German nationals in Siam shall be dealt with in accordance with the provisions of Part X (Economic Clauses) of the present Treaty.
ARTICLE 137
Germany waives all claims against the Siamese Government on behalf of
herself or her nationals arising out of the seizure or condemnation of
German ships, the liquidation of German property, or the internment of
German nationals in Siam. This provision shall not affect the rights of
the parties interested in the proceeds of any such liquidation, which
shall be governed by the provisions of Part X (Economic Clauses) of the present Treaty.
SECTION IV.
LIBERIA.
ARTICLE 138
Germany renounces all rights and privileges arising from the
arrangements of 1911 and 1912 regarding Liberia, and particularly the
right to nominate a German Receiver of Customs in Liberia.
She further renounces all claim to participate in any measures
whatsoever which may be adopted for the rehabilitation of Liberia.
ARTICLE 139
Germany recognises that all treaties and arrangements between her and Liberia terminated as from August 4, 1917.
ARTICLE 140
The property, rights and interests of Germans in Liberia shall be dealt with in accordance with Part X (Economic Clauses) of the present Treaty.
SECTION V.
MOROCCO.
ARTICLE 141.
Germany renounces all rights, titles and privileges conferred on her
by the General Act of Algeciras of April 7, 1906, and by the
Franco-German Agreements of February 9, 1909, and November 4, 1911. All
treaties, agreements, arrangements and contracts concluded by her with
the Sherifian Empire are regarded as abrogated as from August 3, 1914
In no case can Germany take advantage of these instruments and she
undertakes not to intervene in any way in negotiations relating to
Morocco which may take place between France and the other Powers.
ARTICLE 142.
Germany having recognised the French Protectorate in Morocco, hereby
accepts all the consequences of its establishment, and she renounces the
regime of the capitulations therein.
This renunciation shall take effect as from August 3, 1914.
ARTICLE 143.
The Sherifian Government shall have complete liberty of action in
regulating the status of German nationals in Morocco and the conditions
in which they may establish themselves there.
German protected persons, semsars and "associes agricoles", shall be
considered as having ceased, as from August 3, 1914, to enjoy the
privileges attached to their status and shall be subject to the ordinary
law.
ARTICLE 144.
All property and possessions in the Sherifian Empire of the German
Empire and the German States pass to the Maghzen without payment.
For this purpose, the property and possessions of the German Empire
and States shall be deemed to include all the property of the Crown, the
Empire or the States, and the private property of the former German
Emperor and other Royal personages.
All movable and immovable property in the Sherifian Empire belonging to German nationals shall be dealt with in accordance with Sections III and IV of Part X (Economic Clauses) of the present Treaty.
Mining rights which may be recognised as belonging to German
nationals by the Court of Arbitration set up under the Moroccan Mining
Regulations shall form the subject of a valuation, which the arbitrators
shall be requested to make, and these rights shall then be treated in
the same way as property in Morocco belonging to German nationals.
ARTICLE 145.
The German Government shall ensure the transfer to a person nominated
by the French Government of the shares representing Germany's portion
of the capital of the State Bank of Morocco. The value of these shares,
as assessed by the Reparation Commission, shall be paid to the
Reparation Commission for the credit of Germany on account of the sums
due for reparation. The German Government shall be responsible for
indemnifying its nationals so dispossessed.
This transfer will take place without prejudice to the repayment of
debts which German nationals may have contracted towards the State Bank
of Morocco.
ARTICLE 146.
Moroccan goods entering Germany shall enjoy the treatment accorded to French goods
SECTION VI.
EGYPT.
ARTICLE 147.
Germany declares that she recognises the Protectorate proclaimed over
Egypt by Great Britain on December 18, 1914, and that she renounces the
regime of the Capitulations in Egypt.
This renunciation shall take effect as from August 4, 1914.
ARTICLE 148
All treaties, agreements, arrangements and contracts concluded by
Germany with Egypt are regarded as abrogated as from August 4, 1914.
In no case can Germany avail herself of these instruments and she
undertakes not to intervene in any way in negotiations relating to Egypt
which may take place between Great Britain and the other Powers.
ARTICLE 149.
Until an Egyptian law of judicial organization establishing courts
with universal jurisdiction comes into force, provision shall be made,
by means of decrees issued by His Highness the Sultan, for the exercise
of jurisdiction over German nationals and property by the British
Consular Tribunals.
ARTICLE 150
The Egyptian Government shall have complete liberty of action in
regulating the status of German nationals and the conditions under which
they may establish themselves in Egypt.
ARTICLE 151.
Germany consents to the abrogation of the decree issued by His
Highness the Khedive on November 28, 1914, relating to the Commission of
the Egyptian Public Debt, or to such changes as the Egyptian Government
may think it desirable to make therein.
ARTICLE 152.
Germany consents, in so far as she is concerned, to the transfer to
His Britannic Majesty's Government of the powers conferred on His
Imperial Majesty the Sultan by the Convention signed at Constantinople
on October 29, 1888, relating to the free navigation of the Suez Canal.
She renounces all participation in the Sanitary, Maritime, and
Quarantine Board of Egypt and consents, in so far as she is concerned,
to the transfer to the Egyptian Authorities of the powers of that Board.
ARTICLE 153.
All property and possessions in Egypt of the German Empire and the
German States pass to the Egyptian Government without payment.
For this purpose, the property and possessions of the German Empire
and States shall be deemed to include all the property of the Crown, the
Empire or the States, and the private property of the former German
Emperor and other Royal personages.
All movable and immovable property in Egypt belonging to German nationals shall be dealt with in accordance with Sections III and IV of Part X (Economic Clauses) of the present Treaty.
ARTICLE 154.
Egyptian goods entering Germany shall enjoy the treatment accorded to British goods.
SECTION VII
TURKEY AND BULGARIA.
ARTICLE 155.
Germany undertakes to recognise and accept all arrangements which the
Allied and Associated Powers may make with Turkey and Bulgaria with
reference to any rights, interests and privileges whatever which might
be claimed by Germany or her nationals in Turkey and Bulgaria and which
are not dealt with in the provisions of the present Treaty.
SECTION VIII
SHANTUNG.
ARTICLE 156.
Germany renounces, in favour of Japan, all her rights, title and
privileges particularly those concerning the territory of Kiaochow,
railways, mines and submarine cablesÂwhich she acquired in virtue of
the Treaty concluded by her with China on March 6 1898, and of all other
arrangements relative to the Province of Shantung.
All German rights in the Tsingtao-Tsinanfu Railway, including its
branch lines together with its subsidiary property of all kinds,
stations, shops, fixed and rolling stock, mines, plant and material for
the exploitation of the mines, are and remain acquired by Japan,
together with all rights and privileges attaching thereto.
The German State submarine cables from Tsingtao to Shanghai and from
Tsingtao to Chefoo, with all the rights, privileges and properties
attaching thereto, are similarly acquired by Japan, free and clear of
all charges and encumbrances.
ARTICLE 157.
The movable and immovable property owned by the German State in the
territory of Kiaochow, as well as all the rights which Germany might
claim in consequence of the works or improvements made or of the
expenses incurred by her, directly or indirectly, in connection with
this territory, are and remain acquired by Japan, free and clear of all
charges and encumbrances.
ARTICLE 158.
Germany shall hand over to Japan within three months from the coming
into force of the present Treaty the archives, registers, plans,
title-deeds and documents of every kind, wherever they may be, relating
to the administration, whether civil, military, financial, judicial or
other, of the territory of Kiaochow.
Within the same period Germany shall give particulars to Japan of all
treaties, arrangements or agreements relating to the rights, title or
privileges referred to in the two preceding Articles.
PART V MILITARY, NAVAL AND AIR CLAUSES.
In order to render possible the initiation of a general limitation of
the armaments of all nations, Germany undertakes strictly to observe
the military, naval and air clauses which follow.
SECTION I.
MILITARY CLAUSES.
CHAPTER I.
EFFECTIVES AND CADRES OF THE GERMAN ARMY.
ARTICLE 159.
The German military forces shall be demobilised and reduced as prescribed hereinafter.
ARTICLE 160.
- By a date which must not be later than March 31, 1920, the German
Army must not comprise more than seven divisions of infantry and three
divisions of cavalry.
After that date the total number of effectives in the Army of the
States constituting Germany must not exceed one hundred thousand men,
including officers and establishments of depots. The Army shall be
devoted exclusively to the maintenance of order within the territory and
to the control of the frontiers.
The total effective strength of officers, including the personnel of
staffs, whatever their composition, must not exceed four thousand.
- 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.
- The divisions must not be grouped under more than two army corps headquarters staffs.
The maintenance or formation of forces differently grouped or of
other organisations for the command of troops or for preparation for war
is forbidden.
The Great German General Staff and all similar organisations shall be dissolved and may not be reconstituted in any form.
The officers, or persons in the position of officers, in the
Ministries of War in the different States in Germany and in the
Administrations attached to them, must not exceed three hundred in
number and are included in the maximum strength of four thousand laid
down in the third sub-paragraph of paragraph (1) of this Article.
ARTICLE 161.
Army administrative services consisting of civilian personnel not
included in the number of effectives prescribed by the present Treaty
will have such personnel reduced in each class to one-tenth of that laid
down in the Budget of 1913.
ARTICLE 162.
The number of employees or officials of the German States such as
customs officers, forest guards and coastguards, shall not exceed that
of the employees or officials functioning in these capacities in 1913.
The number of gendarmes and employees or officials of the local or
municipal police may only be increased to an extent corresponding to the
increase of population since 1913 in the districts or municipalities in
which they are employed.
These employees and officials may not be assembled for military training.
ARTICLE: 163.
The reduction of the strength of the German military forces as provided for in Article 160 may be effected gradually in the following manner:
Within three months from the coming into force of the present Treaty
the total number of effectives must be reduced to 200,000 and the number
of units must not exceed twice the number of those laid down in Article 160.
At the expiration of this period, and at the end of each subsequent
period of three months, a Conference of military experts of the
Principal Allied and Associated Powers will fix the reductions to be
made in the ensuing three months, so that by March 31, 1920, at the
latest the total number of German effectives does not exceed the maximum
number of 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.
CHAPTER II.
ARMAMENT, MUNITIONS AND MATERIAL.
ARTICLE 164.
Up till the time at which Germany is admitted as a member of the
League of Nations the German Army must not possess an armament greater
than the amounts fixed in Table No. II annexed to this Section, with the
exception of an optional increase not exceeding one-twentyfifth part
for small arms and one-fiftieth part for guns, which shall be
exclusively used to provide for such eventual replacements as may be
necessary.
Germany agrees that after she has become a member of the League of
Nations the armaments fixed in the said Table shall remain in force
until they are modified by the Council of the League. Furthermore she
hereby agrees strictly to observe the decisions of the Council of the
League on this subject.
ARTICLE 165.
The maximum number of guns, machine guns, trench-mortars, rifles and
the amount of ammunition and equipment which Germany is allowed to
maintain during the period between the coming into force of the present
Treaty and the date of March 31, 1920, referred to in Article 160,
shall bear the same proportion to the amount authorized in Table No.
III annexed to this Section as the strength of the German Army as
reduced from time to time in accordance with Article 163 bears to the strength permitted under Article 160.
ARTICLE 166
At the date of March 31, 1920, the stock of munitions which the
German Army may have at its disposal shall not exceed the amounts fixed
in Table No. III annexed to this Section.
Within the same period the German Government will store these stocks
at points to be notified to the Governments of the Principal Allied and
Associated Powers. The German Government is forbidden to establish any
other stocks, depots or reserves of munitions.
ARTICLE 167.
The number and calibre of the guns constituting at the date of the
coming into force of the present Treaty the armament of the fortified
works, fortresses, and any land or coast forts which Germany is allowed
to retain must be notified immediately by the German Government to the
Governments of the Principal Allied and Associated Powers, and will
constitute maximum amounts which may not be exceeded.
Within two months from the coming into force of the present Treaty,
the maximum stock of ammunition for these guns will be reduced to, and
maintained at, the following uniform rates:Â fifteen hundred rounds per
piece for those the calibre of which is 10.5 cm. and under: five
hundred rounds per piece for those of higher calibre.
ARTICLE 168.
The manufacture of arms, munitions, or any war material, shall only
be carried out in factories or works the location of which shall be
communicated to and approved by the Governments of the Principal Allied
and Associated Powers, and the number of which they retain the right to
restrict.
Within three months from the coming into force of the present Treaty,
all other establishments for the manufacture, preparation, storage or
design of arms, munitions, or any war material whatever shall be closed
down. The same applies to all arsenals except those used as depots for
the authorised stocks of munitions. Within the same period the personnel
of these arsenals will be dismissed.
ARTICLE 169.
Within two months from the coming into force of the present Treaty
German arms, munitions and war material, including anti-aircraft
material, existing in Germany in excess of the quantities allowed, must
be surrendered to the Governments of the Principal Allied and Associated
Powers to be destroyed or rendered useless. This will also apply to any
special plant intended for the manufacture of military material, except
such as may be recognised as necessary for equipping the authorised
strength of the German army.
The surrender in question will be effected at such points in German territory as may be selected by the said Governments.
Within the same period arms, munitions and war material, including
anti-aircraft material, of origin other than German, in whatever state
they may be, will be delivered to the said Governments, who will decide
as to their disposal.
Arms and munitions which on account of the successive reductions in
the strength of the German army become in excess of the amounts
authorised by Tables II and III annexed to this Section must be handed
over in the manner laid down above within such periods as may be decided
by the Conferences referred to in Article 163.
ARTICLE 170.
Importation into Germany of arms, munitions and war material of every kind shall be strictly prohibited.
The same applies to the manufacture for, and export to, foreign countries of arms, munitions and war material of every kind.
ARTICLE 171
The use of asphyxiating, poisonous or other gases and all analogous
liquids, materials or devices being prohibited, their manufacture and
importation are strictly forbidden in Germany.
The same applies to materials specially intended for the manufacture, storage and use of the said products or devices.
The manufacture and the importation into Germany of armoured cars,
tanks and all similar constructions suitable for use in war are also
prohibited.
ARTICLE 172.
Within a period of three months from the coming into force of the
present Treaty, the German Government will disclose to the Governments
of the Principal Allied and Associated Powers the nature and mode of
manufacture of all explosives, toxic substances or other like chemical
preparations used by them in the war or prepared by them for the purpose
of being so used.
CHAPTER III
RECRUITING AND MILITARY TRAINING
ARTICLE 173.
Universal compulsory military service shall be abolished in Germany.
The German Army may only be constituted and recruited by means of voluntary enlistment.
ARTICLE 174
The period of enlistment for non-commissioned officers and privates must be twelve consecutive years.
The number of men discharged for any reason before the expiration of
their term of enlistment must not exceed in any year five per cent. of
the total effectives fixed by the second subparagraph of paragraph (I)
of Article 160 of the present Treaty.
ARTICLE 175.
The officers who are retained in the Army must undertake the
obligation to serve in it up to the age of forty-five years at least.
Officers newly appointed must undertake to serve on the active list for twenty-five consecutive years at least.
Officers who have previously belonged to any formations whatever of
the Army, and who are not retained in the units allowed to be
maintained, must not take part in any military exercise whether
theoretical or practical, and will not be under any military obligations
whatever.
The number of officers discharged for any reason before the
expiration of their term of service must not exceed in any year five per
cent. of the total effectives of officers provided for in the third
sub-paragraph (I) of Article 160 of the present Treaty.
ARTICLE 176.
On the expiration of two months from the coming into force of the
present Treaty there must only exist in Germany the number of military
schools which is absolutely indispensable for the recruitment of the
officers of the units allowed. These schools will be exclusively
intended for the recruitment of officers of each arm, in the proportion
of one school per arm.
The number of students admitted to attend the courses of the said
schools will be strictly in proportion to the vacancies to be filled in
the cadres of officers. The students and the cadres will be reckoned in
the effectives fixed by the second and third subparagraphs of paragraph
(I) of Article 160 of the present Treaty.
Consequently, and during the period fixed above, all military
academies or similar institutions in Germany, as well as the different
military schools for officers, student officers (Aspiranten), cadets,
non-commissioned officers or student non-commissioned officers
(Aspiranten), other than the schools above provided for, will be
abolished.
ARTICLE 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, associations, 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.
ARTICLE 180.
All fortified works, fortresses and field works situated in German
territory to the west of a line drawn fifty kilometres to the east of
the Rhine shall be disarmed and dismantled.
Within a period of two months from the coming into force of the
present Treaty such of the above fortified works, fortresses and field
works as are situated in territory not occupied by Allied and Associated
troops shall be disarmed, and within a further period of four months
they shall be dismantled. Those which are situated in territory occupied
by Allied and Associated troops shall be disarmed and dismantled within
such periods as may be fixed by the Allied High Command.
The construction of any new fortification, whatever its nature and
importance, is forbidden in the zone referred to in the first paragraph
above.
The system of fortified works of the southern and eastern frontiers of Germany shall be maintained in its existing state.
[SEE TABLES]
SECTION II
NAVAL CLAUSES.
ARTICLE 181.
After the expiration of a period of two months from the coming into
force of the present Treaty the German naval forces in commission must
not exceed:
6 battleships of the Deutschland or Lothringen type, 6 light cruisers, 12 destroyers, 12 torpedo boats,
or an equal number of ships constructed to replace them as provided in Article 190.
No submarines are to be included.
All other warships, except where there is provision to the contrary
in the present Treaty, must be placed in reserve or devoted to
commercial purposes.
ARTICLE 182,
Until the completion of the minesweeping prescribed by Article 193
Germany will keep in commission such number of minesweeping vessels as
may be fixed by the Governments of the Principal Allied and Associated
Powers.
ARTICLE 183,
After the expiration of a period of two months from the coming into
force of the present Treaty, the total personnel of the German Navy,
including the manning of the Deet, coast defences, signal stations,
administration and other land services, must not exceed fifteen
thousand, including officers and men of all grades and corps,
The total strength of officers and warrant officers must not exceed fifteen hundred.
Within two months from the coming into force of the present Treaty
the personnel in excess of the above strength shall be demobilised.
No naval or military corps or reserve force in connection with the
Navy may be organised in Germany without being included in the above
strength.
From the date of the coming into force of the present Treaty all the
German surface warships which are not in German ports cease to belong to
Germany, who renounces all rights over them.
Vessels which, in compliance with the Armistice of November 11, 1918,
are now interned in the ports of the Allied and Associated Powers are
declared to be finally surrendered.
Vessels which are now interned in neutral ports will be there
surrendered to the Governments of the Principal Allied and Associated
Powers. The German Government must address a notification to that effect
to the neutral Powers on the coming into force of the present Treaty.
ARTICLE 185.
Within a period of two months from the coming into force of the
present Treaty the German surface warships enumerated below will be
surrendered to the Governments of the Principal Allied and Associated
Powers in such Allied ports as the said Powers may direct.
These warships will have been disarmed as provided in Article XXIII
of the Armistice of November 11, 1918. Nevertheless they must have all
their guns on board.
BATTLESHIPS.
Oldenburg. Thuringen. Ostfriesland. Helgoland. Posen. Westfalen. Rheinland. Nassau.
LIGHT CRUISERS.
Stettin. Danzig. Munchen. Lubeck. Stralsund. Augsburg. Kolberg. Stuttgart.
and, in addition, forty-two modern destroyers and fifty modern
torpedo boats, as chosen by the Governments of the Principal Allied and
Associated Powers.
ARTICLE 186.
On the coming into force of the present Treaty the German Government
must undertake, under the supervision of the Governments of the
Principal Allied and Associated Powers, the breaking up of all the
German surface warships now under construction.
ARTICLE 187 .
The German auxiliary cruisers and fleet auxiliaries enumerated below will be disarmed and treated as merchant ships.
INTERNED IN NEUTRAL COUNTRIES:
Berlin. Santa Fe. Seydlitz. Yorck.
IN GERMANY:
Ammon. Answald. Bosnia. Cordoba. Cassel. Dania. Rio Negro. Rio Pardo.
Santa Cruz. Schwaben. Solingen. Steigerwald. Franken. Gundomar. Furst
Bulow. Gertrud. Kigoma. Rugia. Santa Elena. Schleswig. Mowe. Sierra
Ventana. Chemnitz. Emil Georg von Strauss. Habsburg. Meteor. Waltraute.
Scharnhorst.
ARTICLE 188.
On the expiration of one month from the coming into force of the
present Treaty all German submarines, submarine salvage vessels and
docks for submarines, including the tubular dock, must have been handed
over to the Governments of the Principal Allied and Associated Powers.
Such of these submarines, vessels and docks as are considered by the
said Governments to be fit to proceed under their own power or to be
towed shall be taken by the German Government. into such Allied ports as
have been indicated
The remainder, and also those in course of construction, shall be
broken up entirely by the German Government under the supervision of the
said Governments. The breaking-up must be completed within three months
at the most after the coming into force of the present Treaty.
ARTICLE 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.
ARTICLE 190.
Germany is forbidden to construct or acquire any warships other than
those intended to replace the units in commission provided for in Article 181 of the present Treaty
The warships intended for replacement purposes as above shall not exceed the following displacement:
| Armoured ships | 10,000 tons |
| Light cruisers | 6,000 tons |
| Destroyers | 800 tons |
| Torpedo boats | 200 tons |
Except where a ship has been lost, units of the different classes
shall only be replaced at the end of a period of twenty years in the
case of battleships and cruisers, and fifteen years in the case of
destroyers and torpedo boats, counting from the launching of the ship.
ARTICLE 191.
The construction or acquisition of any submarine, even for commercial purposes, shall be forbidden in Germany.
ARTICLE 192.
The warships in commission of the German fleet must have on board or
in reserve only the allowance of arms, munitions and war material fixed
by the Principal Allied and Associated Powers. Within a month from the
fixing of the quantities as above, arms, munitions and war material of
all kinds, including mines and torpedoes, now in the hands of the German
Government and in excess of the said quantities, shall be surrendered
to the Governments of the said Powers at places to be indicated by them.
Such arms, munitions and war material will be destroyed or rendered
useless.
All other stocks, depots or reserves of arms, munitions or naval war material of all kinds are forbidden.
The manufacture of these articles in German territory for, and their export to, foreign countries shall be forbidden.
ARTICLE 193.
On the coming into force of the present Treaty Germany will forthwith
sweep up the mines in the following areas in the North Sea to the
eastward of longitude 4° 00', E. of Greenwich:
- Between parallels of latitude 53° 00', N. and 59° 00', N.;
- To the northward of latitude 60° 30' N.
Germany must keep these areas free from mines.
Germany must also sweep and keep free from mines such areas in the
Baltic as may ultimately be notified by the Governments of the Principal
Allied and Associated Powers.
ARTICLE 194.
The personnel of the German Navy shall be recruited entirely by
voluntary engagements entered into for a minimum period of twenty-five
consecutive years for officers and warrant officers; twelve consecutive
years for petty officers and men.
The number engaged to replace those discharged for any reason before
the expiration of their term of service must not exceed five per cent.
per annum of the totals laid down in this Section (Article 183).
The personnel discharged from the Navy must not receive any kind of
naval or military training or undertake any further service in the Navy
or Army.
Officers belonging to the Germany Navy and not demobilised must
engage to serve till the age of forty-five, unless discharged for
sufficient reasons.
No officer or man of the German mercantile marine shall receive any training in the Navy.
ARTICLE 195.
In order to ensure free passage into the Baltic to all nations,
Germany shall not erect any fortifications in the area comprised between
latitudes 55° 27' N. and 54° 00' N. and longitudes 9°Ê00' E. and
16°Ê00' E. of the meridian of Greenwich, nor install any guns
commanding the maritime routes between the North Sea and the Baltic. The
fortifications now existing in this area shall be demolished and the
guns removed under the supervisions of the Allied Governments and in
periods to be fixed by them.
The German Government shall place at the disposal of the Governments
of the Principal Allied and Associated Powers all information now in its
possession concerning the channels and adjoining waters between the
Baltic and the North Sea.
ARTICLE 196.
All fortified works and fortifications, other than those mentioned in Section XIII (Heligoland) of Part III (Political Clauses for Europe) and in Article 195],
now established within fifty kilometres of the German coast or on
German islands off that coast shall be considered as of a defensive
nature and may remain in their existing condition.
No new fortifications shall be constructed within these limits. The
armament of these defences shall not exceed, as regards the number and
calibre of guns, those in position at the date of the coming into force
of the present Treaty. The German Government shall communicate forthwith
particulars thereof to all the European Governments.
On the expiration of a period of two months from the coming into
force of the present Treaty the stocks of ammunition for these guns
shall be reduced to and maintained at a maximum figure of fifteen
hundred rounds per piece for calibres of 4.1-inch and under, and five
hundred rounds per piece for higher calibres.
ARTICLE 197.
During the three months following the coming into force of the
present Treaty the German high-power wireless telegraphy stations at
Nauen, Hanover and Berlin shall not be used for the transmission of
messages concerning naval, military or political questions of interest
to Germany or any State which has been allied to Germany in the war,
without the assent of the Governments of the Principal Allied and
Associated Powers. These stations may be used for commercial purposes,
but only under the supervision of the said Governments, who will decide
the wavelength to be used.
During the same period Germany shall not build any more high-power
wireless telegraphy stations in her own territory or that of Austria,
Hungary, Bulgaria or Turkey.
SECTION III
AIR CLAUSES.
ARTICLE 198.
The armed forces of Germany must not include any military or naval air forces.
Germany may, during a period not extending beyond October 1, 1919,
maintain a maximum number of one hundred seaplanes or flying boats,
which shall be exclusively employed in searching for submarine mines,
shall be furnished with the necessary equipment for this purpose, and
shall in no case carry arms, munitions or bombs of any nature whatever.
In addition to the engines installed in the seaplanes or flying boats
above mentioned, one spare engine may be provided for each engine of
each of these craft.
No dirigible shall be kept.
ARTICLE 199.
Within two months from the coming into force of the present Treaty
the personnel of air forces on the rolls of the German land and sea
forces shall be demobilised. Up to October 1, 1919, however, Germany may
keep and maintain a total number of one thousand men, including
officers, for the whole of the cadres and personnel, flying and
non-flying, of all formations and establishments.
ARTICLE 200.
Until the complete evacuation of German territory by the Allied and
Associated troops, the aircraft of the Allied and Associated Powers
shall enjoy in Germany freedom of passage through the air, freedom of
transit and of landing.
ARTICLE 201.
During the six months following the coming into force of the present
Treaty, the manufacture and importation of aircraft, parts of aircraft,
engines for aircraft, and parts of engines for aircraft, shall be
forbidden in all German territory.
ARTICLE 202.
On the coming into force of the present Treaty, all military and
naval aeronautical material, except the machines mentioned in the second
and third paragraphs of Article 198, must be delivered to the Governments of the Principal Allied and Associated Powers.
Delivery must be effected at such places as the said Governments may select, and must be completed within three months.
In particular, this material will include all items under the
following heads which are or have been in use or were designed for
warlike purposes:
Complete aeroplanes and seaplanes, as well as those being manufactured, repaired or assembled.
Dirigibles able to take the air, being manufactured, repaired or assembled.
Plant for the manufacture of hydrogen.
Dirigible sheds and shelters of every kind for aircraft.
Pending their delivery, dirigibles will, at the expense of Germany,
be maintained inflated with hydrogen; the plant for the manufacture of
hydrogen, as well as the sheds for dirigibles may at the discretion of
the said Powers, be left to Germany until the time when the dirigibles
are handed over.
Engines for aircraft.
Nacelles and fuselages.
Armament (guns, machine guns, light machine guns, bombdropping
apparatus, torpedo-dropping apparatus, synchronisation apparatus, aiming
apparatus).
Munitions (cartridges, shells, bombs loaded or unloaded, stocks of explosives or of material for their manufacture).
Instruments for use on aircraft.
Wireless apparatus and photographic or cinematograph apparatus for use on aircraft.
Component parts of any of the items under the preceding heads.
The material referred to above shall not be removed without special permission from the said Governments.
SECTION IV
INTER-ALLIED COMMISSIONS OF CONTROL.
ARTICLE 203.
All the military, naval and air clauses contained in the present
Treaty, for the execution of which a time-limit is prescribed, shall be
executed by Germany under the control of Inter-Allied Commissions
specially appointed for this purpose by the Principal Allied and
Associated Powers.
ARTICLE 204.
The Inter-Allied Commissions of Control will be specially charged
with the duty of seeing to the complete execution of the delivery,
destruction, demolition and rendering things useless to be carried out
at the expense of the German Government in accordance with the present
Treaty.
They will communicate to the German authorities the decisions which
the Principal Allied and Associated Powers have reserved the right to
take, or which the execution of the military, naval and air clauses may
necessitate.
ARTICLE 205.
The Inter-Allied Commissions of Control may establish their organisations at the seat of the central German Government.
They shall be entitled as often as they think desirable to proceed to
any point whatever in German territory, or to send subcommissions, or
to authorise one or more of their members to go, to any such point.
ARTICLE 206.
The German Government must give all necessary facilities for the
accomplishment of their missions to the Inter-Allied Commissions of
Control and to their members.
It shall attach a qualified representative to each Inter-Allied
Commission of Control for the purpose of receiving the communications
which the Commission may have to address to the German Government and of
supplying or procuring for the Commission all information or documents
which may be required.
The German Government must in all cases furnish at its own cost all
labour and material required to effect the deliveries and the works of
destruction, dismantling, demolition, and of rendering things useless,
provided for in the present Treaty.
ARTICLE 207.
The upkeep and cost of the Commissions of Control and the expenses involved by their work shall be borne by Germany.
ARTICLE 208.
The Military Inter-Allied Commission of Control will represent the
Governments of the Principal Allied and Associated Powers in dealing
with the German Government in all matters concerning the execution of
the military clauses.
In particular it will be its duty to receive from the German
Government the notifications relating to the location of the stocks and
depots of munitions, the armament of the fortified works, fortresses and
forts which Germany is allowed to retain, and the location of the works
or factories for the production of arms, munitions and war material and
their operations.
It will take delivery of the arms, munitions and war material, will
select the points where such delivery is to be effected, and will
supervise the works of destruction, demolition, and of rendering things
useless, which are to be carried out in accordance with the present
Treaty.
The German Government must furnish to the Military Inter-Allied
Commission of Control all such information and documents as the latter
may deem necessary to ensure the complete execution of the military
clauses, and in particular all legislative and administrative documents
and regulations.
ARTICLE 209.
The Naval Inter-Allied Commission of Control will represent the
Governments of the Principal Allied and Associated Powers in dealing
with the German Government in all matters concerning the execution of
the naval clauses.
In particular it will be its duty to proceed to the building yards
and to supervise the breaking-up of the ships which are under
construction there, to take delivery of all surface ships or submarines,
salvage ships, docks and the tubular docks, and to supervise the
destruction and breaking-up provided for.
The German Government must furnish to the Naval Inter-Allied
Commission of Control all such information and documents as the
Commission may deem necessary to ensure the complete execution of the
naval clauses, in particular the designs of the warships, the
composition of their armaments, the details and models of the guns,
munitions, torpedoes, mines, explosives, wireless telegraphic apparatus
and, in general, everything relating to naval war material, as well as
all legislative or administrative documents or regulations.
ARTICLE 210.
The Aeronautical Inter-Allied Commission of Control will represent
the Governments of the Principal Allied and Associated Powers in dealing
with the German Government in all matters concerning the execution of
the air clauses.
In particular it will be its duty to make an inventory of the
aeronautical material existing in German territory, to inspect
aeroplane, balloon and motor manufactories, and factories producing
arms, munitions and explosives capable of being used by aircraft, to
visit all aerodromes, sheds, landing grounds, parks and depots, to
authorise, where necessary, a removal of material and to take delivery
of such material.
The German Government must furnish to the Aeronautical Inter-Allied
Commission of Control all such information and legislative,
administrative or other documents which the Commission may consider
necessary to ensure the complete execution of the air clauses, and in
particular a list of the personnel belonging to all the German Air
Services, and of the existing material, as well as of that in process of
manufacture or on order, and a list of all establishments working for
aviation, of their positions, and of all sheds and landing grounds.
SECTION V
GENERAL ARTICLES.
ARTICLE 211.
After the expiration of a period of three months from the coming into
force of the present Treaty, the German laws must have been modified
and shall be maintained by the German Government in conformity with this
Part of the present Treaty.
Within the same period all the administrative or other measures
relating to the execution of this Part of the Treaty must have been
taken.
ARTICLE 212.
The following portions of the Armistice of November 11, 1918 Article
VI, the first two and the sixth and seventh paragraphs of Article VII;
Article IX; Clauses I, II and V of Annex n° 2, and the Protocol, dated
April 4, 1919, supplementing the Armistice of November 11, 1918, remain
in force so far as they are not inconsistent with the above
stipulations.
ARTICLE 213.
So long as the present Treaty remains in force, Germany undertakes to
give every facility for any investigation which the Council of the
League of Nations, acting if need be by a majority vote, may consider
necessary.
PART VI. PRISONERS OF WAR AND GRAVES.
SECTION I.
PRISONERS OF WAR.
ARTICLE 214.
The repatriation of prisoners of war and interned civilians shall
take place as soon as possible after the coming into force of the
present Treaty and shall be carried out with the greatest rapidity.
ARTICLE 215.
The repatriation of German prisoners of war and interned civilians shall, in accordance with Article 214,
be carried out by a Commission composed of representatives of the
Allied and Associated Powers on the one part and of the German
Government on the other part.
For each of the Allied and Associated Powers a Sub-Commission,
composed exclusively of Representatives of the interested Power and of
Delegates of the German Government, shall regulate the details of
carrying into effect the repatriation of the prisoners of war.
ARTICLE 216.
From the time of their delivery into the hands of the German
authorities the prisoners of war and interned civilians are to be
returned without delay to their homes by the said authorities.
Those amongst them who before the war were habitually resident in
territory occupied by the troops of the Allied and Associated Powers are
likewise to be sent to their homes, subject to the consent and control
of the military authorities of the Allied and Associated armies of
occupation.
ARTICLE 217.
The whole cost of repatriation from the moment of starting shall be
borne by the German Government who shall also provide the land and sea
transport and staff considered necessary by the Commission referred to
in Article 215.
ARTICLE 218.
Prisoners of war and interned civilians awaiting disposal or
undergoing sentence for offences against discipline shall be repatriated
irrespective of the completion of their sentence or of the proceedings
pending against them.
This stipulation shall not apply to prisoners of war and interned
civilians punished for offences committed subsequent to May 1, 1919.
During the period pending their repatriation all prisoners of war and
interned civilians shall remain subject to the existing regulations,
more especially as regards work and discipline.
ARTICLE 219.
Prisoners of war and interned civilians who are awaiting disposal or
undergoing sentence for offences other than those against discipline may
be detained.
ARTICLE 220.
The German Government undertakes to admit to its territory without distinction all persons liable to repatriation.
Prisoners of war or other German nationals who do not desire to be
repatriated may be excluded from repatriation; but the Allied and
Associated Governments reserve to themselves the right either to
repatriate them or to take them to a neutral country or to allow them to
reside in their own territories.
The German Government undertakes not to institute any exceptional
proceedings against these persons or their families nor to take any
repressive or vexatious measures of any kind whatsoever against them on
this account.
ARTICLE 221.
The Allied and Associated Governments reserve the right to make the
repatriation of German prisoners of war or German nationals in their
hands conditional upon the immediate notification and release by the
German Government of any prisoners of war who are nationals of the
Allied and Associated Powers and may still be in Germany.
ARTICLE 222.
Germany undertakes:
- 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;
- 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:
- A complete list of those who have died, together with all information useful for identification;
- All information as to the number and position of the graves of all those who have been buried without identification.
PART VII. PENALTIES.
ARTICLE 227.
The Allied and Associated Powers publicly arraign William II of
Hohenzollern, formerly German Emperor, for a supreme offence against
international morality and the sanctity of treaties.
A special tribunal will be constituted to try the accused, thereby
assuring him the guarantees essential to the right of defence. It will
be composed of five judges, one appointed by each of the following
Powers: namely, the United States of America, Great Britain, France,
Italy and Japan.
In its decision the tribunal will be guided by the highest motives of
international policy, with a view to vindicating the solemn obligations
of international undertakings and the validity of international
morality. It will be its duty to fix the punishment which it considers
should be imposed.
The Allied and Associated Powers will address a request to the
Government of the Netherlands for the surrender to them of the
ex-Emperor in order that he may be put on trial.
ARTICLE 228.
The German Government recognises the right of the Allied and
Associated Powers to bring before military tribunals persons accused of
having committed acts in violation of the laws and customs of war. Such
persons shall, if found guilty, be sentenced to punishments laid down by
law. This provision will apply notwithstanding any proceedings or
prosecution before a tribunal in Germany or in the territory of her
allies.
The German Government shall hand over to the Allied and Associated
Powers, or to such one of them as shall so request, all persons accused
of having committed an act in violation of the laws and customs of war,
who are specified either by name or by the rank, office or employment
which they held under the German authorities.
ARTICLE 229.
Persons guilty of criminal acts against the nationals of one of the
Allied and Associated Powers will be brought before the military
tribunals of that Power.
Persons guilty of criminal acts against the nationals of more than
one of the Allied and Associated Powers will be brought before military
tribunals composed of members of the military tribunals of the Powers
concerned.
In every case the accused will be entitled to name his own counsel.
ARTICLE 230.
The German Government undertakes to furnish all documents and
information of every kind, the production of which may be considered
necessary to ensure the full knowledge of the incriminating acts, the
discovery of offenders and the just appreciation of responsibility.
PART VIII. REPARATION.
SECTION l
GENERAL PROVISIONS
ARTICLE 231.
The Allied and Associated Governments affirm and Germany accepts the
responsibility of Germany and her allies for causing all the loss and
damage to which the Allied and Associated Governments and their
nationals have been subjected as a consequence of the war imposed upon
them by the aggression of Germany and her allies.
ARTICLE: 232.
The Allied and Associated Governments recognise that the resources of
Germany are not adequate, after taking into account permanent
diminutions of such resources which will result from other provisions of
the present Treaty, to make complete reparation for all such loss and
damage.
The Allied and Associated Governments, however, require, and Germany
undertakes, that she will make compensation for all damage done to the
civilian population of the Allied and Associated Powers and to their
property during the period of the belligerency of each as an Allied or
Associated Power against Germany by such aggression by land, by sea and
from the air, and in general all damage as defined in Annex l hereto.
In accordance with Germany's pledges, already given, as to complete
restoration for Belgium, Germany undertakes, in addition to the
compensation for damage elsewhere in this Part provided for, as a
consequence of the violation of the Treaty of 1839, to make
reimbursement of all sums which Belgium has borrowed from the Allied and
Associated Governments up to November 11, 1918, together with interest
at the rate of five per cent (5) per annum on such sums. This amount
shall be determined by the Reparation Commission, and the German
Government undertakes thereupon forthwith to make a special issue of
bearer bonds to an equivalent amount payable in marks gold, on May 1,
1926, or, at the option of the German Government, on the 1st of May in
any year up to 1926. Subject to the foregoing, the form of such bonds
shall be determined by the Reparation Commission. Such bonds shall be
handed over to the Reparation Commission, which has authority to take
and acknowledge receipt thereof on behalf of Belgium.
ARTICLE 233.
The amount of the above damage for which compensation is to be made
by Germany shall be determined by an Inter-Allied Commission, to be
called the Reparation Commission and constituted in the form and with
the powers set forth hereunder and in Annexes II to VII inclusive hereto.
This Commission shall consider the claims and give to the German Government a just opportunity to be heard.
The findings of the Commission as to the amount of damage defined as
above shall be concluded and notified to the German Government on or
before May 1, 1921, as representing the extent of that Government's
obligations.
The Commission shall concurrently draw up a schedule of payments
prescribing the time and manner for securing and discharging the entire
obligation within a period of thirty years from May 1, 1921. If,
however, within the period mentioned, Germany fails to discharge her
obligations, any balance remaining unpaid may, within the discretion of
the Commission, be postponed for settlement in subsequent years, or may
be handled otherwise in such manner as the Allied and Associated
Governments, acting in accordance with the procedure laid down in this
Part of the present Treaty, shall determine.
ARTICLE 234.
The Reparation Commission shall after May 1 , 1921, from time to
time, consider the resources and capacity of Germany, and, after giving
her representatives a just opportunity to be heard, shall have
discretion to extend the date, and to modify the form of payments, such
as are to be provided for in accordance with Article 233; but not to cancel any part, except with the specific authority of the several Governments represented upon the Commission.
ARTICLE 235.
In order to enable the Allied and Associated Powers to proceed at
once to the restoration of their industrial and economic life, pending
the full determination of their claims, Germany shall pay in such
installments and in such manner (whether in gold, commodities, ships,
securities or otherwise) as the Reparation Commission may fix, during
1919, 1920 and the first four months Of 1921 , the equivalent of
20,000,000,000 gold marks. Out of this sum the expenses of the armies of
occupation subsequent to the Armistice of November 11, 1918, shall
first be met, and such supplies of food and raw materials as may be
judged by the Governments of the Principal Allied and Associated Powers
to be essential to enable Germany to meet her obligations for reparation
may also, with the approval of the said Governments, be paid for out of
the above sum. The balance shall be reckoned towards liquidation of the
amounts due for reparation. Germany shall further deposit bonds as
prescribed in paragraph 12 (c) Of Annex II hereto.
ARTICLE 236.
Germany further agrees to the direct application of her economic resources to reparation as specified in Annexes III, IV, V, and VI,
relating respectively to merchant shipping, to physical restoration, to
coal and derivatives of coal, and to dyestuffs and other chemical
products; provided always that the value of the property transferred and
any services rendered by her under these Annexes, assessed in the
manner therein prescribed shall be credited to her towards liquidation
of her obligations under the above Articles.
ARTICLE 237.
The successive installments, including the above sum, paid over by
Germany in satisfaction of the above claims will be divided by the
Allied and Associated Governments in proportions which have been
determined upon by them in advance on a basis of general equity and of
the rights of each.
For the purposes of this division the value of property transferred and services rendered under Article 243, and under Annexes III, IV, V, VI, and VII, shall be reckoned in the same manner as cash payments effected in that year.
ARTICLE 238.
In addition to the payments mentioned above Germany shall effect, in
accordance with the procedure laid down by the Reparation Commission,
restitution in cash of cash taken away, seized or sequestrated, and also
restitution of animals, objects of every nature and securities taken
away, seized or sequestrated, in the cases in which it proves possible
to identify them in territory belonging to Germany or her allies.
Until this procedure is laid down, restitution will continue in
accordance with the provisions of the Armistice of November 11, 1918,
and its renewals and the Protocols thereto.
ARTICLE 239.
The German Government undertakes to make forthwith the restitution
contemplated by Article 238 and to make the payments and deliveries
contemplated by Articles 233, 234, 235 and 236.
ARTICLE 240.
The German Government recognises the Commission provided for by Article 233 as the same may be constituted by the Allied and Associated Governments in accordance with Annex II,
and agrees irrevocably to the possession and exercise by such
Commission of the power and authority given to it under the present
Treaty.
The German Government will supply to the Commission all the
information which the Commission may require relative to the financial
situation and operations and to the property, productive capacity, and
stocks and current production of raw materials and manufactured articles
of Germany and her nationals, and further any information relative to
military operations which in the judgment of the Commission may be
necessary for the assessment of Germany's liability for reparation as
defined in Annex I.
The German Government will accord to the members of the Commission
and its authorised agents the same rights and immunities as are enjoyed
in Germany by duly accredited diplomatic agents of friendly Powers.
Germany further agrees to provide for the salaries and expenses of the Commission and of such staff as it may employ.
ARTICLE 241.
Germany undertakes to pass, issue and maintain in force any
legislation, orders and decrees that may be necessary to give complete
effect to these provisions.
ARTICLE 242
The provisions of this Part of the present Treaty do not apply to the property, rights and interests referred to in Sections III and IV
of Part X (Economic Clauses) of the present Treaty, nor to the product
of their liquidation, except so far as concerns any final balance in
favour of Germany under Article 243 (a).
ARTICLE 243
The following shall be reckoned as credits to Germany in respect of her reparation obligations:
- Any final balance in favour of Germany under Section V (Alsace-Lorraine) of Part III (Political Clauses for Europe) and Sections III and IV of Part X (Economic Clauses) of the present Treaty;
- Amounts due to Germany in respect of transfers under Section IV (Saar Basin) of Part III (Political Clauses for Europe), Part IX Financial Clauses), and Part XII (Ports, Waterways and Railways);
- 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:
- 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.
- 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.
- 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.
- Damage caused by any kind of maltreatment of prisoners of war.
- 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.
- The cost of assistance by the Government of the Allied
and Associated Powers to prisoners of war and to their families and
dependents.
- 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.
- Damage caused to civilians by being forced by Germany or her allies to labour without just remuneration.
- 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.
- Damage in the form of levies, fines and other similar exactions imposed by Germany or her allies upon the civilian population.
ANNEX II.
1. The Commission referred to in Article 233 shall be called "The Reparation Commission" and is hereinafter referred to as "the Commission".
2. Delegates to this Commission shall be nominated by the
United States of America, Great Britain, France, Italy, Japan, Belgium
and the Serb-Croat-Slovene State. Each of these Powers will appoint one
Delegate and also one Assistant Delegate, who will take his place in
case of illness or necessary absence, but at other times will only have
the right to be present at proceedings without taking any part therein.
On no occasion shall the Delegates of more than five of the above
Powers have the right to take part in the proceedings of the Commission
and to record their votes. The Delegates of the United States, Great
Britain, France and Italy shall have this right on all occasions. The
Delegate of Belgium shall have this right on all occasions other than
those referred to below. The Delegate of Japan shall have this right on
occasions when questions relating to damage at sea, and questions
arising under Article 200 of Part IX (Financial Clauses) in which
Japanese interests are concerned, are under consideration. The Delegate
of the Serb-Croat-Slovene State shall have this right when questions
relating to Austria, Hungary or Bulgaria are under consideration.
Each Government represented on the Commission shall have the right to
withdraw therefrom upon twelve months, notice filed with the Commission
and confirmed in the course of the sixth month after the date of the
original notice.
3. Such of the other Allied and Associated Powers as may be
interested shall have the right to appoint a Delegate to be present and
act as Assessor only while their respective claims and interests are
under examination or discussion, but without the right to vote.
4. In case of the death, resignation or recall of any
Delegate, Assistant Delegate or Assessor, a successor to him shall be
nominated as soon as possible.
5. The Commission will have its principal permanent Bureau in
Paris and will hold its first meeting in Paris as soon as practicable
after the coming into force of the present Treaty, and thereafter will
meet in such place or places and at such time as it may deem convenient
and as may be necessary for the most expeditious discharge of its
duties.
6. At its first meeting the Commission shall elect, from among
the Delegates referred to above, a Chairman and a Vice-Chairman, who
shall hold office for one year and shall be eligible for re-election. If
a vacancy in the Chairmanship or Vice-Chairmanship should occur during
the annual period, the Commission shall proceed to a new election for
the remainder of the said period.
7. The Commission is authorised to appoint all necessary
officers, agents and employees who may be required for the execution of
its functions, and to fix their remuneration; to constitute committees,
whose members need not necessarily be members of the Commission, and to
take all executive steps necessary for the purpose of discharging its
duties; and to delegate authority and discretion to officers, agents and
committees.
8. All proceedings of the Commission shall be private, unless,
on particular occasions, the Con mission shall otherwise determine for
special reasons.
9. The Commission shall be required, if the German Government
so desire, to hear, within a period which it will fix from time to time,
evidence and arguments on the part of Germany on any question connected
with her capacity to pay.
10. The Commission shall consider the claims and give to the
German Government a just opportunity to be heard, but not to take any
part whatever in the decisions of the Commission The Commission shall
afford a similar opportunity to the allies of Germany, when it shall
consider that their interests are in question.
11. The Commission shall not be bound by any particular code
or rules of law or by any particular rule of evidence or of procedure,
but shall be guided by justice, equity and good faith. Its decisions
must follow the same principles and rules in all cases where they are
applicable. It will establish rules relating to methods of proof of
claims. It may act on any trustworthy modes of computation.
12. The Commission shall have all the powers conferred upon
it, and shall exercise all the functions assigned to it, by the present
Treaty.
The Commission shall in general have wide latitude as to its control
and handling of the whole reparation problem as dealt with in this Part
of the present Treaty and shall have authority to interpret its
provisions. Subject to the provisions of the present Treaty, the
Commission is constituted by the several Allied and Associated
Governments referred to in paragraphs 2 and 3 above as the exclusive
agency of the said Governments respectively for receiving, selling,
holding, and distributing the reparation payments to be made by Germany
under this Part of the present Treaty. The Commission must comply with
the following conditions and provisions:
- 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.
- 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.
- 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:
- To be issued forthwith, 20,000,000,000 Marks gold bearer bonds,
payable not later than May l, 1921, without interest. There shall be
specially applied towards the amortisation of these bonds the payments
which Germany is pledged to make in conformity with Article 235,
after deduction of the sums used for the reimbursement of expenses of
the armies of occupation and for payment of foodstuffs and raw
materials. Such bonds as have not been redeemed by May l, 1921, shall
then be exchanged for new bonds of the same type as those provided for
below (paragraph l2, C, (2).
- To be issued forthwith, further 40,000,000,000 Marks
gold bearer bonds, bearing interest at 2-1/2 per cent. per annum between
1921 and l926, and thereafter at 5 per cent. per annum with an
additional l per cent. for amortisation beginning in 1926 on the whole
amount of the issue.
- 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.
- 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.
- 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.
- 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:
- 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;
- 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;
- 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;
- Any postponement, total or partial, of any installment falling due after 1926 for a period exceeding three years;
- Questions of applying in any particular case a method of
measuring damages different from that which has been previously applied
in a similar case;
- 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:
- 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;
- 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:
- 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;
- 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:
- 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.
- 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.
- The amount of tonnage to be laid down in each year shall not exceed 200,000 tons, gross tonnage.
- 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:
- 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;
- Reconstruction materials (stones, bricks, refractory bricks,
tiles, wood, window-glass, steel, lime, cement, etc.), machinery,
heating apparatus, furniture and like articles of a commercial character
which the said Governments desire to have produced and manufactured in
Germany and delivered to them to permit of the restoration of the
invaded areas.
3. The lists relating to the articles mentioned in 2 (a) above
shall be filed within sixty days after the date of the coming into
force of the present Treaty.
The lists relating to the articles in 2 (b) above shall be filed on or before December 31, 1919.
The lists shall contain all such details as are customary in
commercial contracts dealing with the subject matter, including
specifications, dates of delivery (but not extending over more than four
years), and places of delivery, but not price or value, which shall be
fixed as hereinafter provided by the Commission.
4. Immediately upon the filing of such lists with the
Commission, the Commission shall consider the amount and number of the
materials and animals mentioned in the lists provided for above which
are to be required of Germany. In reaching a decision on this matter the
Commission shall take into account such domestic requirements of
Germany as it deems essential for the maintenance of Germany's social
and economic life, the prices and dates at which similar articles can be
obtained in the Allied and Associated countries as compared with those
to be fixed for German articles, and the general interest of the Allied
and Associated Governments that the industrial life of Germany be not so
disorganised as to affect adversely the ability of Germany to perform
the other acts of reparation stipulated for.
Machinery, equipment, tools and like articles of a commercial
character in actual industrial use are not, however, to be demanded of
Germany unless there is no free stock of such articles respectively
which is not in use and is available, and then not m excess of thirty
per cent. of the quantity of such articles in use in any one
establishment or undertaking.
The Commission shall give representatives of the German Government an
opportunity and a time to be heard as to their capacity to furnish the
said materials, articles and animals.
The decision of the Commission shall thereupon and at the earliest
possible moment be communicated to the German Government and to the
several interested Allied and Associated Governments.
The German Government undertakes to deliver the materials, articles
and animals as specified in the said communication, and the interested
Allied and Associated Governments severally agree to accept the same,
provided they conform to the specification given, or are not, in the
judgment of the Commission, unfit to be utilised in the work of
reparation.
5. The Commission shall determine the value to be attributed
to the materials, articles and animals to be delivered in accordance
with the foregoing, and the Allied or Associated Power receiving the
same agrees to be charged with such value, and the amount thereof shall
be treated as a payment by Germany to be divided in accordance with Article 237 of this Part of the present Treaty.
In cases where the right to require physical restoration as above
provided is exercised, the Commission shall ensure that the amount to be
credited against the reparation obligation of Germany shall be the fair
value of work done or materials supplied by Germany, and that the claim
made by the interested Power in respect of the damage so repaired by
physical restoration shall be discharged to the extent of the proportion
which the damage thus repaired bears to the whole of the damage thus
claimed for.
6. As an immediate advance on account of the animals referred
to in paragraph 2 (a) above, Germany undertakes to deliver in equal
monthly installments in the three months following the coming into force
of the present Treaty the following quantities of live stock:
(1) To the French Government.
500 stallions (3 to 7 years);
30,000 fillies and mares (18 months to 7 years), type: Ardennais, Boulonnais or Belgian;
2,000 bulls (18 months to 3 years);
90,000 milch cows (2 to 6 years);
1,000 rams;
100,000 sheep;
10,000 goats.
(2) To the Belgian Government.
200 stallions (3 to 7 years), large Belgian type;
5,000 mares (3 to 7 years), large Belgian type;
5,000 fillies (18 months to 3 years), large Belgian type;
2,000 bulls (18 months to 3 years);
50,000 milch cows (2 to 6 years);
40,000 heifers;
200 rams;
20,000 Sheep;
15,000 sows.
The animals d elivered shall be of average health and condition.
To the extent that animals so delivered cannot be identified as
animals taken away or seized, the value of such animals shall be
credited against the reparation obligations of Germany in accordance
with paragraph 5 of this Annex.
7. Without waiting for the decisions of the Commission
referred to in paragraph 4 of this Annex to be taken, Germany must
continue the delivery to France of the agricultural material referred to
in Article III of the renewal dated January 16, 1919, of the Armistice.
ANNEX V.
1. Germany accords the following options for the delivery of
coal and derivatives of coal to the undermentioned signatories of the
present Treaty.
2. Germany undertakes to deliver to France seven million tons
of coal per year for ten years. In addition, Germany undertakes to
deliver to France annually for a period not exceeding ten years an
amount of coal equal to the difference between the annual production
before the war of the coal mines of the Nord and Pas de Calais,
destroyed as a result of the war, and the production of the mines of the
same area during the years in question: such delivery not to exceed
twenty million tons in any one year of the first five years, and eight
million tons in any one year of the succeeding five years.
It is understood that due diligence will be exercised in the
restoration of the destroyed mines in the Nord and the Pas de Calais.
3. Germany undertakes to deliver to Belgium eight million tons of coal annually for ten years.
4. Germany undertakes to deliver to Italy up to the following . quantities of coal:
| July 1919 to June 1920 |
| 4-1/2 million tons, |
| Â1920Â1921 |
| 6 |
| Â1921Â1922 |
| 7-1/2 |
| Â1922Â1923 |
| 8 |
| Â1923Â1924 | 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:
- 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.
- 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:
| Armoured ships | 10,000 tons |
| Light cruisers | 6,000 tons |
| Destroyers | 800 tons |
| Torpedo boats | 200 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
December 25, 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.
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 aboutlat. :2° 30' N.; long.:7° 40' W. of Greenwich: to
aboutlat. :2° 20' N.; long.:5° 30, W. of Greenwich; and from aboutlat.
: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 10, 1870, at the
chateau of Cercay, near Brunoy (Seine-et-Oise) belonging at the time to
Mr. Rouher, formerly Minister of State.
ARTICLE 246.
Within six months from the coming into force of the present Treaty,
Germany will restore to His Majesty the King of the Hedjaz the original
Koran of the Caliph Othman, which was removed from Medina by the Turkish
authorities and is stated to have been presented to the ex-Emperor
William II.
Within the same period Germany will hand over to His Britannic Majesty's
Government the skull of the Sultan Mkwawa which was removed from the
Protectorate of German East Africa and taken to Germany.
The delivery of the articles above referred to will be effected in
such place and in such conditions as may be laid down by the Governments
to which they are to be restored.
ARTICLE 247.
Germany undertakes to furnish to the University of Louvain, within
three months after a request made by it and transmitted through the
intervention of the Reparation Commission, manuscripts, incunabula,
printed books, maps and objects of collection corresponding in number
and value to those destroyed in the burning by Germany of the Library of
Louvain. All details regarding such replacement will be determined by
the Reparation Commission.
Germany undertakes to deliver to Belgium, through the Reparation
Commission, within six months of the coming into force of the present
Treaty, in order to enable Belgium to reconstitute two great artistic
works:
- 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;
- The leaves of the triptych of the Last Supper, painted
by Dierick Bouts, formerly in the Church of St. Peter at Louvain, two of
which are now in the Berlin Museum and two in the Old Pinakothek at
Munich.
PART IX. FINANCIAL CLAUSES
ARTICLE 248.
Subject to such exceptions as the Reparation Commission may approve, a
first charge upon all the assets and revenues of the German Empire and
its constituent States shall be the cost of reparation and all other
costs arising under the present Treaty or any treaties or agreements
supplementary thereto or under arrangements concluded between Germany
and the Allied and Associated Powers during the Armistice or its
extensions.
Up to May 1, 1921, the German Government shall not export or dispose
of, and shall forbid the export or disposal of, gold without the
previous approval of the Allied and Associated Powers acting through the
Reparation Commission.
ARTICLE 249.
There shall be paid by the German Government the total cost of all
armies of the Allied and Associated Governments in occupied German
territory from the date of the signature of the Armistice of November
11, 1918, including the keep of men and beasts, lodging and billeting,
pay and allowances, salaries and wages, bedding, heating, lighting,
clothing, equipment, harness and saddlery, armament and rolling-stock,
air services, treatment of sick and wounded, veterinary and remount
services, transport service of all sorts (such as by rail, sea or river,
motor lorries), communications and correspondence, and in general the
cost of all administrative or technical services the working of which is
necessary for the training of troops and for keeping their numbers up
to strength and preserving their military efficiency.
The cost of such liabilities under the above heads so far as they
relate to purchases or requisitions by the Allied and Associated
Governments in the occupied territories shall be paid by the German
Government to the Allied and Associated Governments in marks at the
current or agreed rate of exchange. All other of the above costs shall
be paid in gold marks.
ARTICLE 250.
Germany confirms the surrender of all material handed over to the
Allied and Associated Powers in accordance with the Armistice of
November 11, 1918, and subsequent Armistice Agreements, and recognises
the title of the Allied and Associated Powers to such material.
There shall be credited to the German Government, against the sums
due from it to the Allied and Associated Powers for reparation, the
value, as assessed by the Reparation Commission, referred to in Article 233
of Part VIII (Reparation) of the present Treaty, of the material handed
over in accordance with Article VII of the Armistice of November 11,
1918, or Article III of the Armistice Agreement of January l6, 1919, as
well as of any other material handed over in accordance with the
Armistice of November 11, 1918, and of subsequent Armistice Agreements,
for which, as having non-military value, credit should in the judgment
of the Reparation Commission be allowed to the German Government.
Property belonging to the Allied and Associated Governments or their
nationals restored or surrendered under the Armistice Agreements in
specie shall not be credited to the German Government.
ARTICLE 251.
The priority of the charges established by Article 248 shall, s ubject to the qualifications made below, be as follows:
- The cost of the armies of occupation as defined under Article 249 during the Armistice and its extensions;
- The cost of any armies of occupation as defined under Article 249 after the coming into force of the present Treaty;
- The cost of reparation arising out of the present Treaty or any treaties or conventions supplementary thereto;
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The sums of money and all securities, instruments and
goods of whatsoever nature, to be delivered, paid and transferred under
the provisions of this Article, shall be disposed of by the Principal
Allied and Associated Powers in a manner hereafter to be determined by
those Powers.
ARTICLE 260.
Without prejudice to the renunciation of any rights by Germany on
behalf of herself or of her nationals in the other provisions of the
present Treaty, the Reparation Commission may within one year from the
coming into force of the present Treaty demand that the German
Government become possessed of any rights and interests of German
nationals in any public utility undertaking or in any concession
operating in Russia, China, Turkey, Austria, Hungary and Bulgaria, or in
the possessions or dependencies of these States or in any territory
formerly belonging to Germany or her allies, to be ceded by Germany or
her allies to any Power or to be administered by a Mandatory under the
present Treaty, and may require that the German Government transfer,
within six months of the date of demand, all such rights and interests
and any similar rights and interests the German Government may itself
possess to the Reparation Commission.
Germany shall be responsible for indemnifying her nationals so
dispossessed, and the Reparation Commission shall credit Germany, on
account of sums due for reparation, with such sums in respect of the
value of the transferred rights and interests as may be assessed by the
Reparation Commission, and the German Government shall, within six
months from the coming into force of the present Treaty, communicate to
the Reparation Commission all such rights and interests, whether already
granted, contingent or not yet exercised, and shall renounce on behalf
of itself and its nationals in favour of the Allied and Associated
Powers all such rights and interests which have not been so
communicated.
ARTICLE 261.
Germany undertakes to transfer to the Allied and Associated Powers
any claims she may have to payment or repayment by the Governments of
Austria, Hungary, Bulgaria or Turkey, and, in particular, any claims
which may arise, now or hereafter, from the fulfilment of undertakings
made by Germany during the war to those Governments.
ARTICLE 262.
Any monetary obligation due by Germany arising out of the present
Treaty and expressed in terms of gold marks shall be payable at the
option of the creditors in pounds sterling payable in London; gold
dollars of the United States of America payable in New York; gold francs
payable in Paris; or gold lire payable in Rome.
For the purpose of this Article the gold coins mentioned above shall
be defined as being of the weight and fineness of gold as enacted by law
on January 1, 1914.
ARTICLE 263.
Germany gives a guarantee to the Brazilian Government that all sums
representing the sale of coffee belonging to the State of Sao Paolo in
the ports of Hamburg, Bremen, Antwerp and Trieste, which were deposited
with the Bank of Bleichroder at Berlin, shall be reimbursed together
with interest at the rate or rates agreed upon. Germany having prevented
the transfer of the sums in question to the State of Sao Paolo at the
proper time, guarantees also that the reimbursement shall be effected at
the rate of exchange of the day of the deposit.
PART X. ECONOMIC CLAUSES.
SECTION l.
COMMERCIAL RELATIONS.
CHAPTER I.
CUSTOMS REGULATIONS, DUTIES AND RESTRICTIONS.
ARTICLE 264.
Germany undertakes that goods the produce or manufacture of any one
of the Allied or Associated States imported into Germany territory, from
whatsoever place arriving, shall not be subjected to other or higher
duties or charges (including internal charges) than those to which the
like goods the produce or manufacture of any other such State or of any
other foreign country are subject.
Germany will not maintain or impose any prohibition or restriction on
the importation into German territory of any goods the produce or
manufacture of the territories of any one of the Allied or Associated
States, from whatsoever place arriving, which shall not equally extend
to the importation of the like goods the produce or manufacture of any
other such State or of any other foreign country.
ARTICLE 265.
Germany further undertakes that, in the matter of the regime
applicable on importation, no discrimination against the commerce of any
of the Allied and Associated States as compared with any other of the
said States or any other foreign country shall be made, even by indirect
means, such as customs regulations or procedure, methods of
verification or analysis conditions of payment of duties, tariff
classification or interpretation, or the operation of monopolies.
ARTICLE 266.
In all that concerns exportation Germany undertakes that goods,
natural products or manufactured articles, exported from German
territory to the territories of any one of the Allied or Associated
States shall not be subjected to other or higher duties or charges
(including internal charges) than those paid on the like goods exported
to any other such State or to any other foreign country.
Germany will not maintain or impose any prohibition or restriction on
the exportation of any goods sent from her territory to any one of the
Allied or Associated States which shall not equally extend to the
exportation of the like goods, natural products or manufactured
articles, sent to any other such State or to any other foreign country.
ARTICLE: 267.
Every favour, immunity or privilege in regard to the importation,
exportation or transit of goods granted by Germany to any Allied or
Associated State or to any other foreign country whatever shall
simultaneously and unconditionally, without request and without
compensation, be extended to all the Allied and Associated States.
ARTICLE 268.
The provisions of Articles 264 to 267 inclusive of this Chapter and of Article 323 of Part XII (Ports, Waterways and Railways) of the present Treaty are subject to the following exceptions:
- 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.
- 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.
- The Allied and Associated Powers reserve the right to
require Germany to accord freedom from customs duty, on importation into
German customs territory, to natural products and manufactured articles
which both originate in and come from the Grand Duchy of Luxemburg, for
a period of five years from the coming into force of the present
Treaty.
The nature and amount of the products which shall enjoy the benefits
of this regime shall be communicated each year to the German Government.
The amount of each product which may be thus sent annually into
Germany shall not exceed the average of the amounts sent annually in the
years 1911-1913.
ARTICLE 269.
During the first six months after the coming into force of the
present Treaty, the duties imposed by Germany on imports from Allied and
Associated States shall not be higher than the most favourable duties
which were applied to imports into Germany on July 31, 1914.
During a further period of thirty months after the expiration of the
first six months, this provision shall continue to be applied
exclusively with regard to products which, being comprised in Section A
of the First Category of the German Customs Tariff of December 25, 1902,
enjoyed at the above-mentioned date (July 31, 1914) rates
conventionalised by treaties with the Allied and Associated Powers, with
the addition of all kinds of wine and vegetable oils, of artificial
silk and of washed or scoured wool whether or not they were the subject
of special conventions before July 31, 1914.
ARTICLE 270.
The Allied and Associated Powers reserve the right to apply to German
territory occupied by their troops a special customs regime as regards
imports and exports, in the event of such a measure being necessary in
their opinion in order to safeguard the economic interests of the
population of these territories.
CHAPTER II.
SHIPPING.
ARTICLE 271.
As regards sea fishing, maritime coasting trade, and maritime towage,
vessels of the Allied and Associated Powers shall enjoy, in German
territorial waters, the treatment accorded to vessels of the most
favoured nation.
ARTICLE 272.
Germany agrees that, notwithstanding any stipulation to the contrary
contained in the Conventions relating to the North Sea fisheries and
liquor traffic, all rights of inspection and police shall, in the case
of fishing-boats of the Allied Powers, be exercised solely by ships
belonging to those Powers.
ARTICLE 273.
In the case of vessels of the Allied or Associated Powers, all
classes of certificates or documents relating to the vessel, which were
recognised as valid by Germany before the war, or which may hereafter be
recognised as valid by the principal maritime States, shall be
recognised by Germany as valid and as equivalent to the corresponding
certificates issued to German vessels.
A similar recognition shall be accorded to the certificates and
documents issued to their vessels by the Governments of new States,
whether they have a sea-coast or not, provided that such certificates
and documents shall be issued m conformity with the general practice
observed in the principal maritime States.
The High Contracting Parties agree to recognise the flag flown by the
vessels of an Allied or Associated Power having no seacoast which are
registered at some one specified place situated in its territory; such
place shall serve as the port of registry of such vessels.
CHAPTER III
UNFAIR COMPETITION.
ARTICLE 274.
Germany undertakes to adopt all the necessary legislative and
administrative measures to protect goods the produce or manufacture of
any one of the Allied and Associated Powers from all forms of unfair
competition in commercial transactions.
Germany undertakes to prohibit and repress by seizure and by other
appropriate remedies the importation, exportation, manufacture,
distribution, sale or offering for sale in its territory of all goods
bearing upon themselves or their usual get-up or wrappings any marks,
names, devices, or description whatsoever which are calculated to convey
directly or indirectly a false indication of the origin, type, nature,
or special characteristics of such goods.
ARTICLE 275
Germany undertakes on condition that reciprocity is accorded in these
matters to respect any law, or any administrative or judicial decision
given in conformity with such law, in force in any Allied or Associated
State and duly communicated to her by the proper authorities, defining
or regulating the right to any regional appellation in respect of wine
or spirits produced in the State to which the region belongs, or the
conditions under which the use of any such appellation may be permitted;
and the importation, exportation, manufacture, distribution, sale or
offering for sale of products or articles bearing regional appellations
inconsistent with such law or order shall be prohibited by the German
Government and repressed by the measures prescribed in the preceding
Article.
CHAPTER IV.
TREATMENT OF NATIONALS OF ALLIED AND ASSOCIATED POWERS.
ARTICLE 276.
Germany undertakes:
- 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;
- 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;
- 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;
- 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 27l
and 272 of Chapter II above shall cease to have effect five years from
the date of the coming into force of the present Treaty, unless
otherwise provided in the text, or unless the Council of the League of
Nations shall, at least twelve months before the expiration of that
period, decide that these obligations shall be maintained for a further
period with or without amendment.
Article 276
of Chapter IV shall remain in operation, with or without amendment,
after the period of five years for such further period, if any, not
exceeding five years, as may be determined by a majority of the Council
of the League of Nations.
ARTICLE 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:
- 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.
- Convention of October 11, 1909, regarding the international circulation of motor-cars.
- Agreement of May 15, 1886, regarding the sealing of
railway trucks subject to customs inspection, and Protocol of May 18,
1907.
- Agreement of May 15, 1886, regarding the technical standardisation of railways.
- Convention of July 5, 1890, regarding the publication
of customs tariffs and the organisation of an International Union for
the publication of customs tariffs.
- Convention of December 31, 1913, regarding the unification of commercial statistics.
- Convention of April 25, 1907, regarding the raising of the Turkish customs tariff.
- Convention of March 14, 1857, for the redemption of toll dues on the Sound and Belts.
- Convention of June 22, 1861, for the redemption of the Stade Toll on the Elbe.
- Convention of July 16, 1863, for the redemption of the toll dues on the Scheldt.
- Convention of October 29, 1888, regarding the
establishment of a definite arrangement guaranteeing the free use of the
Suez Canal.
- Conventions of September 23, 1910, respecting the unification of certain regulations regarding collisions and salvage at sea.
- Convention of December 21, 1904, regarding the exemption of hospital ships from dues and charges in ports
- Convention of February 4, 1898, regarding the tonnage measurement of vessels for inland navigation.
- Convention of September 26, 1906, for the suppression of nightwork for women.
- Convention of September 26, 1906, for the suppression of the use of white phosphorus in the manufacture of matches.
- Conventions of May 18, 1904, and May 4, 1910, regarding the suppression of the White Slave Traffic.
- Convention of May 4, 1910, regarding the suppression of obscene publications.
- Sanitary Conventions of January 30, 1892, April 15, 1893, April 3, 1894, March 19, 1897, and December 3, 1903.
- Convention of May 20, 1875, regarding the unification and improvement of the metric system.
- Convention of November 29, 1906, regarding the unification of pharmacopoeial formulae for potent drugs.
- Convention of November 16 and 19, 1885, regarding the establishment of a concert pitch.
- Convention of June 7, 1905, regarding the creation of an International Agricultural Institute at Rome.
- Conventions of November 3, 1881, and April 15, l889, regarding precautionary measures against phylloxera.
- Convention of March 19, 1902, regarding the protection of birds useful to agriculture.
- 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 5, 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:
- The Conventions of May 6, 1882, and February 1, 1889, regulating the fisheries in the North Sea outside territorial waters.
- 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 shall
be charged against the Allied or Associated Powers or the Powers,
States, Governments or public authorities which are released from their
engagements by the present Article.
ARTICLE 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:
- 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;
- 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;
- 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;
- 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:
- 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;
- 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;
- 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;
- Debts shall be paid or credited in the currency of such
one of the Allied and Associated Powers, their colonies or
protectorates, or the British Dominions or India, as may be concerned.
If the debts are payable in some other currency they shall be paid or
credited in the currency of the country concerned, whether an Allied or
Associated Power, Colony, Protectorate, British Dominion or India, at
the pre-war rate of exchange.
For the purpose of this provision the pre-war rate of exchange shall
be defined as the average cable transfer rate prevailing in the Allied
or Associated country concerned during the month immediately preceding
the outbreak of war between the said country concerned and Germany.
If a contract provides for a fixed rate of exchange governing the
conversion of the currency in which the debt is stated into the currency
of the Allied or Associated country concerned, then the above
provisions concerning the rate of exchange shall not apply.
In the case of new States the currency in which and the rate of
exchange at which debts shall be paid or credited shall be determined by
the Reparation Commission provided for in Part VIII (Reparation);
- 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;
- 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.
5. The terms "bankruptcy" and "failure" refer to the
application of legislation providing for such juridical conditions. The
expression "formal indication of insolvency" bears the same meaning as
it has in English law.
6. When a debt has been admitted, in whole or in part, the
Debtor Clearing Office will at once credit the Creditor Clearing Office
with the amount admitted, and at the same time notify it of such credit.
7. The debt shall be deemed to be admitted in full and shall
be credited forthwith to the Creditor Clearing Office unless within
three months from the receipt of the notification or such longer time as
may be agreed to by the Creditor Clearing Office notice ha s been given
by the Debtor Clearing Office that it is not admitted.
8. When the whole or part of a debt is not admitted the two
Clearing Offices will examine into the matter jointly and will endeavour
to bring the parties to an agreement.
9. The Creditor Clearing Office will pay to the individual
creditor the sums credited to it out of the funds placed at its disposal
by the Government of its country and in accordance with the conditions
fixed by the said Government, retaining any sums considered necessary to
cover risks, expenses or commissions.
10. Any person having claimed payment of an enemy debt which
is not admitted in whole or in part shall pay to the clearing office, by
way of fine, interest at 5 per cent. on the part not admitted. Any
person having unduly refused to admit the whole or part of a debt
claimed from him shall pay, by way of fine, interest at 5 per cent. on
the amount with regard to which his refusal shall be disallowed.
Such interest shall run from the date of expiration of the period
provided for in paragraph 7 until the date on which the claim shall have
been disallowed or the debt paid.
Each Clearing Office shall in so far as it is concerned take steps to
collect the fines above provided for, and will be responsible if such
fines cannot be collected.
The fines will be credited to the other Clearing Office, which shall
retain them as a contribution towards the cost of carrying out the
present provisions.
11. The balance between the Clearing Offices shall be struck
monthly and the credit balance paid in cash by the debtor State within a
week.
Nevertheless, any credit balances which may be due by one or more of
the Allied and Associated Powers shall be retained until complete
payment shall have been effected of the sums due to the Allied or
Associated Powers or their nationals on account of the war.
12. To facilitate discussion between the Clearing Offices each
of them shall have a representative at the place where the other is
established.
13. Except for special reasons all discussions in regard to
claims will, so far as possible, take place at the Debtor Clearing
Office.
14. In conformity with Article 296, paragraph (b), the High Contracting Parties are responsible for the payment of the enemy debts owing by their nationals.
The Debtor Clearing Office will therefore credit the Creditor
Clearing Office with all debts admitted, even in case of inability to
collect them from the individual debtor. The Governments concerned will,
nevertheless, invest their respective Clearing Offices with all
necessary powers for the recovery of debts which have been admitted.
As an exception, the admitted debts owing by persons having suffered
injury from acts of war shall only be credited to the Creditor Clearing
Office when the compensation due to the person concerned in respect of
such injury shall have been paid.
15. Each Government will defray the expenses of the Clearing Office set up in its territory, including the salaries of the staff.
16. Where the two Clearing Offices are unable to agree whether
a debt claimed is due, or in case of a difference between an enemy
debtor and an enemy creditor or between the Clearing Offices, the
dispute shall either be referred to arbitration if the parties so agree
under conditions fixed by agreement between them, or referred to the
Mixed Arbitral Tribunal provided for in Section VI hereafter.
At the request of the Creditor Clearing Office the dispute may,
however, be submitted to the jurisdiction of the Courts of the place of
domicile of the debtor.
17. Recovery of sums found by the Mixed Arbitral Tribunal, the
Court, or the Arbitration Tribunal to be due shall be effected through
the Clearing Offices as if these sums were debts admitted by the Debtor
Clearing Office.
18. Each of the Governments concerned shall appoint an agent
who will be responsible for the presentation to the Mixed Arbitral
Tribunal of the cases conducted on behalf of its Clearing Office. This
agent will exercise a general control over the representatives or
counsel employed by its nationals.
Decisions will be arrived at on documentary evidence, but it will be
open to the Tribunal to hear the parties in person, or according to
their preference by their representatives approved by the two
Governments, or by the agent referred to above, who shall be competent
to intervene along with the party or to reopen and maintain a claim
abandoned by the same.
19. The Clearing Offices concerned will lay before the Mixed
Arbitral Tribunal all the information and documents in their possession,
so as to enable the Tribunal to decide rapidly on the cases which are
brought before it.
20. Where one of the parties concerned appeals against the
joint decision of the two Clearing Offices he shall make a deposit
against the costs, which deposit shall only be refunded when the first
judgment is modified in favour of the appellant and in proportion to the
success he may attain, his opponent in case of such a refund being
required to pay an equivalent proportion of the costs and expenses.
Security accepted by the Tribunal may be substituted for a deposit.
A fee of 5 per cent. of the amount in dispute shall be charged in
respect of all cases brought before the Tribunal. This fee shall, unless
the Tribunal directs otherwise, be borne by the unsuccessful party.
Such fee shall be added to the deposit referred to. It is also
independent of the security.
The Tribunal may award to one of the parties a sum in respect of the expenses of the proceedings.
Any sum payable under this paragraph shall be credited to the Clearing Office of the successful party as a separate item.
21. With a view to the rapid settlement of claims, due regard
shall be paid in the appointment of all persons connected with the
Clearing Offices or with the Mixed Arbitral Tribunal to their knowledge
of the language of the other country concerned.
Each of the Clearing Offices will be at liberty to correspond with the other and to forward documents in its own language.
22. Subject to any special agreement to the contrary between
the Governments concerned, debts shall carry interest in accordance with
the following provisions:
Interest shall not be payable on sums of money due by way of
dividend, interest or other periodical payments which themselves
represent interest on capital.
The rate of interest shall be 5 per cent. per annum except in cases
where, by contract, law or custom, the creditor is entitled to payment
of interest at a different rate. In such cases the rate to which he is
entitled shall prevail.
Interest shall run from the date of commencement of hostilities (or,
if the sum of money to be recovered fell due during the war, from the
date at which it fell due) until the sum is credited to the Clearing
Office of the creditor.
Sums due by way of interest shall be treated as debts admitted by the
Clearing Offices and shall be credited to the Creditor Clearing Office
in the same way as such debts.
23. Where by decision of the Clearing Offices or the Mixed Arbitral Tribunal a claim is held not to fall within Article 296,
the creditor shall be at liberty to prosecute the claim before the
Courts or to take such other proceedings as may be open to him.
The presentation of a claim to the Clearing Office suspends the operation of any period of prescription.
24. The High Contracting Parties agree to regard the decisions
of the Mixed Arbitral Tribunal as final and conclusive, and to render
them binding upon their nationals.
25. In any case where a Creditor Clearing Office declines to
notify a claim to the Debtor Clearing Office, or to take any step
provided for in this Annex, intended to make effective in whole or in
part a request of which it has received due notice, the enemy creditor
shall be entitled to receive from the Clearing Office a certificate
setting out the amount of the claim, and shall then be entitled to
prosecute the claim before the courts or to take such other proceedings
as may be open to him.
SECTION IV.
PROPERTY, RIGHTS AND INTERESTS.
ARTICLE 297.
The question of private property, rights and interests in an enemy
country shall be settled according to the principles laid down in this
Section and to the provisions of the Annex hereto.
- 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.
- 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.
- 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.
- 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.
- 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.
- Whenever a national of an Allied or Associated Power is
entitled to property which has been subjected to a measure of transfer
in German territory and expresses a desire for its restitution, his
claim for compensation in accordance with paragraph (6) shall be
satisfied by the restitution of the said property if it still exists in
specie.
In such case Germany shall take all necessary steps to restore the
evicted owner to the possession of his property, free from all
encumbrances or burdens with which it may have been charged after the
liquidation, and to indemnify all third parties injured by the
restitution.
If the restitution provided for in this paragraph cannot be effected,
private agreements arranged by the intermediation of the Powers
concerned or the Clearing Offices provided for in the Annex to Section
III may be made, in order to secure that the national of the Allied or
Associated Power may secure compensation for the injury referred to in
paragraph (e) by the grant of advantages or equivalents which he agrees
to accept in place of the property, rights or interests of which he was
deprived.
Through restitution in accordance with this Article, the price or the
amount of compensation fixed by the application of paragraph (e) will
be reduced by the actual value of the property restored, account being
taken of compensation in respect of loss of use or deterioration.
- 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.
- 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:
- As regards Powers adopting Section III and the Annex thereto, the
said proceeds and cash assets shall be credited to the Power of which
the owner is a national, through the Clearing Office established
thereunder; any credit balance in favour of Germany resulting therefrom
shall be dealt with as provided in Article 243.
- As regards Powers not adopting Section III and the
Annex thereto, the proceeds of the property, rights and interests, and
the cash assets, of the nationals of Allied or Associated Powers held by
Germany shall be paid immediately to the person entitled thereto or to
his Government; the proceeds of the property, rights and interests, and
the cash assets, of German nationals received by an Allied or Associated
Power shall be subject to disposal by such Power in accordance with its
laws and regulations and may be applied in payment of the claims and
debts defined by this Article or paragraph 4 of the Annex hereto. Any
property, rights and interests or proceeds thereof or cash assets not
used as above provided may be retained by the said Allied or Associated
Power and if retained the cash value thereof shall be dealt with as
provided in Article 243.
In the case of liquidations effected in new States, which are
signatories of the present Treaty as Allied and Asso ciated 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.
- Germany undertakes to compensate her nationals in
respect of the sale or retention of their property, rights or interests
in Allied or Associated States.
- 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):
- 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;
- not to subject the property, rights or interests of the
nationals of the Allied or Associated Powers to any measures in
derogation of property rights which are not applied equally to the
property, rights and interests of German nationals, and to pay adequate
compensation in the event of the application of these measures.
ANNEX.
1. In accordance with the provisions of Article 297
paragraph (d), the validity of vesting orders and of orders for the
winding up of businesses or companies, and of any other orders,
directions, decisions or instructions of any court or any department of
the Government of any of the High Contracting Parties made or given, or
purporting to be made or given, in pursuance of war legislation with
regard to enemy property, rights and interests is confirmed. The
interests of all persons shall be regarded as having been effectively
dealt with by any order, direction, decision or instruction dealing with
property in which they may be interested, whether or not such interests
are specifically mentioned in the order, direction, decision, or
instruction. No question shall be raised as to the regularity of a
transfer of any property, rights or interests dealt with in pursuance of
any such order, direction, decision or instruction. Every action taken
with regard to any property, business, or company, whether as regards
its investigation, sequestration, compulsory administration, use,
requisition, supervision, or winding up, the sale or management of
property, rights or interests, the collection or discharge of debts, the
payment of costs, charges or expenses, or any other matter whatsoever,
in pursuance of orders, directions, decisions, or instructions of any
court or of any department of the Government of any of the High
Contracting Parties, made or given, or purporting to be made or given,
in pursuance of war legislation with regard to enemy property, rights or
interests, is confirmed. Provided that the provisions of this paragraph
shall not be held to prejudice the titles to property heretofore
acquired in good faith and for value and in accordance with the laws of
the country in which the property is situated by nationals of the Allied
and Associated Powers.
The provisions of this paragraph do not apply to such of the
above-mentioned measures as have been taken by the German authorities in
invaded or occupied territory, nor to such of the above mentioned
measures as have been taken by Germany or the German authorities since
November 11, 1918, all of which shall be void.
2. No claim or action shall be made or brought against any
Allied or Associated Power or against any person acting on behalf of or
under the direction of any legal authority or Department of the
Government of such a Power by Germany or by any German national wherever
resident in respect of any act or omission with regard to his property,
rights or interests during the war or in preparation for the war.
Similarly no claim or action shall be made or brought against any person
in respect of any act or omission under or in accordance with the
exceptional war measures, laws or regulations of any Allied or
Associated Power.
3. In Article 297
and this Annex the expression "exceptional war measures" includes
measures of all kinds, legislative administrative, judicial or others,
that have been taken or will be taken hereafter with regard to enemy
property, and which have had or will have the effect of removing from
the proprietors the power of disposition over their property, though
without affecting the ownership, such as measures of supervision, of
compulsory administration, and of sequestration; or measures which have
had or will have as an object the seizure of, the use of, or the
interference with enemy assets, for whatsoever motive, under whatsoever
form or in whatsoever place. Acts in the-execution of these measures
include all detentions, instructions, orders or decrees of Government
departments or courts applying these measures to enemy property, as well
as acts performed by any person connected with the administration or
the supervision of enemy property, such as the payment of debts, the
collecting of credits, the payment of any costs, charges or expenses, or
the collecting of fees.
Measures of transfer are those which have affected or will affect the
ownership of enemy property by transferring it in whole or in part to a
person other than the enemy owner, and without his consent, such as
measures directing the sale, liquidation, or devolution of ownership in
enemy property, or the cancelling of titles or securities.
4. All property, rights and interests of German nationals
within the territory of any Allied or Associated Power and the net
proceeds of their sale, liquidation or other dealing therewith may be
charged by that Allied or Associated Power in the first place with
payment of amounts due in respect of claims by the nationals of that
Allied or Associated Power with regard to their property, rights and
interests, including companies and associations in which they are
interested, in German territory, or debts owing to them by German
nationals, and with payment of claims growing out of acts committed by
the German Government or by any German authorities since July 31, 1914,
and before that Allied or Associated Power entered into the war. The
amount of such claims may be assessed by an arbitrator appointed by Mr.
Gustave Ador, if he is willing, or if no such appointment is made by
him, by an arbitrator appointed by the Mixed Arbitral Tribunal provided
for in Section VI. They may be charged in the second place with payment
of the amounts due in respect of claims by the nationals of such Allied
or Associated Power with regard to their property, rights and interests
in the territory of other enemy Powers, in so far as those claims are
otherwise unsatisfied.
5. Notwithstanding the provisions of Article 297,
where immediately before the outbreak of war a company incorporated in
an Allied or Associated State had rights in common with a company
controlled by it and incorporated in Germany to the use of trademarks in
third countries, or enjoyed the use in common with such company of
unique means of reproduction of goods or articles for sale in third
countries, the former company shall alone have the right to use these
trade-marks in third countries to the exclusion of the German company,
and these unique means of reproduction shall be handed over to the
former company, notwithstanding any action taken under German war
legislation with regard to the latter company or its business,
industrial property or shares. Nevertheless, the former company, if
requested, shall deliver the latter company derivative copies permitting
the continuation of reproduction of articles for use within German
territory.
6. Up to the time when restitution is carried out in accordance with Article 297,
Germany is responsible for the conservation of property, rights and
interests of the nationals of Allied or Associated Powers, including
companies and associations in which they are interested, that have been
subjected by her to exceptional war measures.
7. Within one year from the coming into force of the present
Treaty the Allied or Associated Powers will specify the property, rights
and interests over which they intend to exercise the right provided in
Article 297, paragraph (f).
8. The restitution provided in Article 297
will be carried out by order of the German Government or of the
authorities which have been substituted for it. Detailed accounts of the
action of administrators shall be furnished to the interested persons
by the German authorities upon request, which may be made at any time
after the coming into force of the present Treaty.
9. Until completion of the liquidation provided for by Article 297,
paragraph (b), the property, rights and interests of German nationals
will continue to be subject to exceptional war measures that have been
or will be taken with regard to them.
10. Germany will, within six months from the coming into force
of the present Treaty, deliver to each Allied or Associated Power all
securities, certificates, deeds, or other documents of title held by its
nationals and relating to property, rights or interests situated in the
territory of that Allied or Associated Power, including any shares,
stock, debentures, debenture stock, or other obligations of any company
incorporated in accordance with the laws of that Power.
Germany will at any time on demand of any Allied or Associated Power
furnish such information as may be required with regard to the property,
rights and interests of German nationals within the territory of such
Allied or Associated Power, or with regard to any transactions
concerning such property, rights or interests effected since July 1,
1914.
11. The expression "cash assets" includes all deposits or
funds established before or after the declaration of war, as well as all
assets coming from deposits, revenues, or profits collected by
administrators, sequestrators, or others from funds placed on deposit or
otherwise, but does not include sums belonging to the Allied or
Associated Powers or to their component States, Provinces, or
Municipalities.
12. All investments wheresoever effected with the cash assets
of nationals of the High Contracting Parties, including companies and
associations in which such nationals were interested, by persons
responsible for the administration of enemy properties or having control
over such administration, or by order of such persons or of any
authority whatsoever shall be annulled. These cash assets shall be
accounted for irrespective of any such investment.
13. Within one month from the coming into force of the present
Treaty, or on demand at any time, Germany will deliver to the Allied
and Associated Powers all accounts, vouchers, records, documents and
information of any kind which may be within German territory, and which
concern the property, rights and interests of the nationals of those
Powers, including companies and associations in which they are
interested, that have been subjected to an exceptional war measure, or
to a measure of transfer either in German territory or in territory
occupied by Germany or her allies.
The controllers, supervisors, managers, administrators,
sequestrators, liquidators and receivers shall be personally responsible
under guarantee of the German Government for the immediate delivery in
full of these accounts and documents, and for their accuracy.
14. The provisions of Article 297
and this Annex relating to property, rights and interests in an enemy
country, and the proceeds of the liquidation thereof, apply to debts,
credits and accounts, Section III regulating only the method of payment.
In the settlement of matters provided for in Article 297
between Germany and the Allied or Associated States, their colonies or
protectorates, or any one of the British Dominions or India, in respect
of any of which a declaration shall not have been made that they adopt
Section III, and between their respective nationals, the provisions of
Section III respecting the currency in which payment is to be made and
the rate of exchange and of interest shall apply unless the Government
of the Allied or Associated Power concerned shall within six months of
the coming into force of the present Treaty notify Germany that the said
provisions are not to be applied.
15. The provisions of Article 297
and this Annex apply to industrial, literary and artistic property
which has been or will be dealt with in the liquidation of property,
rights, interests, companies or businesses under war legislation by the
Allied or Associated Powers, or in accordance with the stipulations of Article 297, paragraph (b).
SECTION V.
CONTRACTS, PRESCRIPTIONS, JUDGMENTS.
ARTICLE 299.
- 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.
- 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.
- 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 t hese States and German nationals; nor shall Article 305 apply to the United States of America or its nationals.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.)
- 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.
- 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.
- As regards negotiable instruments, the period of three
months provided under paragraph (a) shall commence as from the date on
which any exceptional regulations applied in the territories of the
interested Power with regard to negotiable instruments shall have
definitely ceased to have force.
ARTICLE 301.
As between enemies no negotiable instrument made before the war shall
be deemed to have become invalid by reason only of failure within the
required time to present the instrument for acceptance or payment or to
give notice of non-acceptance or nonpayment to drawers or indorsers or
to protest the instrument, nor by reason of failure to complete any
formality during the war.
Where the period within which a negotiable instrument should have
been presented for acceptance or for payment, or within which notice of
non-acceptance or non-payment should have been given to the drawer or
indorser, or within which the instrument should have been protested, has
elapsed during the war, and the party who should have presented or
protested the instrument or have given notice of non-acceptance or
non-payment has failed to do so during the war, a period of not less
than three months from the coming into force of the present Treaty shall
be allowed within which presentation, notice of non-acceptance or
nonpayment or protest may be made.
ARTICLE 302.
Judgments given by the Courts of an Allied or Associated Power in all
cases which, under the present Treaty, they are competent to decide,
shall be recognised in Germany as final, and shall be enforced without
it being necessary to have them declared executory.
If a judgment in respect to any dispute which may have arisen has
been given during the war by a German Court against a national of an
Allied or Associated State in a case in which he was not able to make
his defence, the Allied and Associated national who has suffered
prejudice thereby shall be entitled to recover compensation, to be fixed
by the Mixed Arbitral Tribunal provided for in Section VI.
At the instance of the national of the Allied or Associated Power the
compensation above-mentioned may, upon order to that effect of the
Mixed Arbitral Tribunal, be effected where it is possible by replacing
the parties in the situation which they occupied before the judgment was
given by the German Court.
The above compensation may likewise be obtained before the Mixed
Arbitral Tribunal by the nationals of Allied or Associated Powers who
have suffered prejudice by judicial measures taken in invaded or
occupied territories, if they have not been otherwise compensated.
ARTICLE 303.
For the purpose of Sections III, IV, V and VII,
the expression "during the war" means for each Allied or Associated
Power the period between the commencement of the state of war between
that Power and Germany and the coming into force of the present Treaty.
ANNEX.
I. General Provisions.
1. Within the meaning of Articles 299, 300 and 301,
the parties to a contract shall be regarded as enemies when trading
between them shall have been prohibited by or otherwise became unlawful
under laws, orders or regulations to which one of those parties was
subject. They shall be deemed to have become enemies from the date when
such trading was prohibited or otherwise became unlawful.
2. The following classes of contracts are excepted from
dissolution by Article 299 and, without prejudice to the rights
contained in Article 297
(b) of Section IV, remain in force subject to the application of
domestic laws, orders or regulations made during the war by the Allied
and Associated Powers and subject to the terms of the contracts:
- 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;
- Leases and agreements for leases of land and houses
- Contracts of mortgage, pledge or lien;
- Concessions concerning mines, quarries or deposits;
- Contracts between individuals or companies and States
provinces, municipalities, or other similar juridical persons charged
with administrative functions, and concessions granted by States,
provinces, municipalities, or other similar juridical persons charged
with administrative functions.
3. If the provisions of a contract are in part dissolved under Article 299,
the remaining provisions of that contract shall, subject to the same
application of domestic laws as is provided for in paragraph 2, continue
in force if they are severable, but where they are not severable the
contract shall be deemed to have been dissolved in its entirety.
II. Provisions relating to certain classes of Contracts.
Stock Exchange and Commercial Exchange Contracts.
4. (a) Rules made during the war by any recognised Exchange or
Commercial Association providing for the closure of contracts entered
into before the war by an enemy are confirmed by the High Contracting
Parties, as also any action taken thereunder, provided:
- That the contract was expressed to be made subject to the rules of the Exchange or Association in question;
- That the rules applied to all persons concerned;
- That the conditions attaching to the closure were fair and reasonable.
(b) The preceding paragraph shall not apply to rules made during the
occupation by Exchanges or Commercial Associations in the districts
occupied by the enemy.
(c) The closure of contracts relating to cotton "futures", which were
closed as on July 31, 1914, under the decision of the Liverpool Cotton
Association, is also confirmed.
Security.
5. The sale of a security held for an unpaid debt owing by an
enemy shall be deemed to have been valid irrespective of notice to the
owner if the creditor acted in good faith and with reasonable care and
prudence, and no claim by the debtor on the ground of such sale shall be
admitted.
This stipulation shall not apply to any sale of securities effected
by an enemy during the occupation in regions invaded or occupied by the
enemy.
Negotiable Instruments.
6. As regards Powers which adopt Section III and the Annex
thereto the pecuniary obligations existing between enemies and
resulting from the issue of negotiable instruments shall be adjusted in
conformity with the said Annex by the instrumentality of the Clearing
Offices, which shall assume the rights of the holder as regards the
various remedies open to him.
7. If a person has either before or during the war become
liable upon a negotiable instrument in accordance with an undertaking
given to him by a person who has subsequently become an enemy, the
latter shall remain liable to indemnify the former in respect of his
liability notwithstanding the outbreak of war.
III. Contracts of Insurance.
8. Contracts of insurance entered into by any person with
another person who subsequently became an enemy will be dealt with in
accordance with the following paragraphs.
Fire Insurance.
9. Contracts for the insurance of property against fire
entered into by a person interested in such property with another person
who subsequently became an enemy shall not be deemed to have been
dissolved by the outbreak of war, or by the fact of the person becoming
an enemy, or on account of the failure during the war and for a period
of three months thereafter to perform his obligations under the
contract, but they shall be dissolved at the date when the annual
premium becomes payable for the first time after the expiration of a
period of three months after the coming into force of the present
Treaty.
A settlement shall be effected of unpaid premiums which became due
during the war, or of claims for losses which occurred during the war.
10. Where by administrative or legislative action an insurance
against fire effected before the war has been transferred during the
war from the original to another insurer, the transfer will be
recognised and the liability of the original insurer will be deemed to
have ceased as from the date of the transfer. The original insurer will,
however, be entitled to receive on demand full information as to the
terms of the transfer, and if it should appear that these terms were not
equitable they shall be amended so far as may be necessary to render
them equitable.
Furthermore, the insured shall, subject to the concurrence of the
original insurer, be entitled to retransfer the contract to the original
insurer as from the date of the demand.
Life Insurance.
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 9 to 18, shall be treated in all
respects on the same footing as contracts of fire insurance between the
same persons would be dealt with under the said paragraphs.
Re-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.
- 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.
- The Mixed Arbitral Tribunals established pursuant to paragraph (a), shall decide all questions within their competence under Sections III, IV, V and VII.
In addition, all questions, whatsoever their nature, relating to
contracts concluded before the coming into force of the present Treaty
between nationals of the Allied and Associated Powers and German
nationals shall be decided by the Mixed Arbitral Tribunal, always
excepting questions which, under the laws of the Allied, Associated or
Neutral Powers, are within the jurisdiction of the National Courts of
those Powers. Such questions shall be decided by the National Courts in
question, to the exclusion of the Mixed Arbitral Tribunal. The party who
is a national of an Allied or Associated Power may nevertheless bring
the case before the Mixed Arbitral Tribunal if this is not prohibited by
the laws of his country.
- 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.
- 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.
- 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.
- 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.
- The High Contracting Parties agree to regard the
decisions of the Mixed Arbitral Tribunal as final and conclusive, and to
render them binding upon their nationals.
ANNEX.
1. Should one of the members of the Tribunal either die,
retire, or be unable for any reason whatever to discharge his function,
the same procedure will be followed for filling the vacancy as was
followed for appointing him.
2. The Tribunal may adopt such rules of procedure as shall be
in accordance with justice and equity and decide the order and time at
which each party must conclude its arguments, and may arrange all
formalities required for dealing with the evidence.
3. The agent and counsel of the parties on each side are
authorised to present orally and in writing to the Tribunal arguments in
Support or in defence of each case.
4. The Tribunal shall keep record of the questions and cases
submitted and the proceedings thereon, with the dates of such
proceedings.
5. Each of the Powers concerned may appoint a secretary. These
secretaries shall act together as joint secretaries of the Tribunal and
shall be subject to its direction. The Tribunal may appoint and employ
any other necessary officer or officers to assist in the performance of
its duties.
6. The Tribunal shall decide all questions and matters
submitted upon such evidence and information as may be furnished by the
parties concerned.
7. Germany agrees to give the Tribunal all facilities and information required by it for carrying out its investigations.
8. The language in which the proceedings shall be conducted
shall, unless otherwise agreed, be English, French, Italian or Japanese,
as may be determined by the Allied or Associated Power concerned.
9. The place and time for the meetings of each Tribunal shall be determined by the President of the Tribunal.
ARTICLE 305.
Whenever a competent court has given or gives a decision in a case covered by Sections III, IV, V or VII,
and such decision is inconsistent with the provisions of such Sections,
the party who is prejudiced by the decision shall be entitled to obtain
redress which shall be fixed by the Mixed Arbitral Tribunal. At the
request of the national of an Allied or Associated Power, the redress
may, whenever possible, be effected by the Mixed Arbitral Tribunal
directing the replacement of the parties in the position occupied by
them before the judgment was given by the German court.
SECTION VII.
INDUSTRIAL PROPERTY.
ARTICLE 306.
Subject to the stipulations of the present Treaty, rights of
industrial, literary and artistic property, as such property is defined
by the International Conventions of Paris and of Berne, mentioned in Article 286,
shall be re-established or restored, as from the coming into force of
the present Treaty, in the territories of the High Contracting Parties,
in favour of the persons entitled to the benefit of them at the moment
when the state of war commenced or their legal representatives. Equally,
rights which, except for the war, would have been acquired during the
war in consequence of an application made for the protection of
industrial property, or the publication of a literary or artistic
work, shall be recognised and established in favour of those persons who
would have been entitled thereto, from the coming into force of the
present Treaty.
Nevertheless, all acts done by virtue of the special measures taken
during the war under legislative, executive or administrative authority
of any Allied or Associated Power in regard to the rights of German
nationals in industrial, literary or artistic property shall remain in
force and shall continue to maintain their full effect.
No claim shall be made or action brought by Germany or German
nationals in respect of the use during the war by the Government of any
Allied or Associated Power, or by any persons acting on behalf or with
the assent of such Government, of any rights in industrial, literary or
artistic property, nor in respect of the sale, offering for sale, or use
of any products, articles or apparatus whatsoever to which such rights
applied.
Unless the legislation of any one of the Allied or Associated Powers
in force at the moment of the signature of the present Treaty otherwise
directs, sums due or paid in virtue of any act or operation resulting
from the execution of the special measures mentioned in paragraph l of
this Article shall be dealt with in the same way as other sums due to
German nationals are directed to be dealt with by the present Treaty;
and sums produced by any special measures taken by the German Government
in respect of rights in industrial, literary or artistic property
belonging to the nationals of the Allied or Associated Powers shall be
considered and treated in the same way as other debts due from German
nationals.
Each of the Allied and Associated Powers reserves to itself the right
to impose such limitations, conditions or restrictions on rights of
industrial, literary or artistic property (with the exception of
trade-marks) acquired before or during the war, or which may be
subsequently acquired in accordance with its legislation, by German
nationals, whether by granting licences, or by the working, or by
preserving control over their exploitation, or in any other way, as may
be considered necessary for national defence, or in the public interest,
or for assuring the fair treatment by Germany of the rights of
industrial, literary and artistic property held in German territory by
its nationals, or for securing the due fulfilment of all the obligations
undertaken by Germany in the present Treaty. As regards rights of
industrial, literary and artistic property acquired after the coming
into force of the present Treaty, the right so reserved by the Allied
and Associated Powers shall only be exercised in cases where these
limitations, conditions or restrictions may be considered necessary for
national defence or in the public interest.
In the event of the application of the provisions of the preceding
paragraph by any Allied or Associated Power, there shall be paid
reasonable indemnities or royalties, which shall be dealt with in the
same way as other sums due to German nationals are directed to be dealt
with by the present Treaty.
Each of the Allied or Associated Powers reserves the right to treat
as void and of no effect any transfer in whole or in part of or other
dealing with rights of or in respect of industrial, literary or artistic
property effected after August 1, 1914, or in the future, which would
have the result of defeating the objects of the provisions of this
Article.
The provisions of this Article shall not apply to rights in
industrial, literary or artistic property which have been dealt with in
the liquidation of businesses or companies under war legislation by the
Allied or Associated Powers, or which may be so dealt with by virtue of Article 297, paragraph (b).
ARTICLE 307.
A minimum of one year after the coming into force of the present
Treaty shall be accorded to the nationals of the High Contracting
Parties, without extension fees or other penalty, in order to enable
such persons to accomplish any act, fulfil any formality, pay any fees,
and generally satisfy any obligation prescribed by the laws or
regulations of the respective States relating to the obtaining,
preserving, or opposing rights to, or in respect of, industrial property
either acquired before August 1, 1914, or which, except for the war,
might have been acquired since that date as a result of an application
made before the war or during its continuance, but nothing in this
Article shall give any right to reopen interference proceedings in the
United States of America where a final hearing has taken place.
All rights in, or in respect of, such property which may have lapsed
by reason of any failure to accomplish any act, fulfil any formality, or
make any payment, shall revive, but subject in the case of patents and
designs to the imposition of such conditions as each Allied or
Associated Power may deem reasonably necessary for the protection of
persons who have manufactured or made use of the subject matter of such
property while the rights had lapsed. Further, where rights to patents
or designs belonging to German nationals are revived under this Article,
they shall be subject in respect of the grant of licences to the same
provisions as would have been applicable to them during the war, as well
as to all the provisions of the present Treaty.
The period from August 1, 1914, until the coming into force of the
present Treaty shall be excluded in considering the time within which a
patent should be worked or a trade mark or design used, and it is
further agreed that no patent, registered trade mark or design in force
on August 1, 1914, shall be subject to revocation or cancellation by
reason only of the failure to work such patent or use such trade mark or
design for two years after the coming into force of the present Treaty.
ARTICLE 308.
The rights of priority, provided by Article 4 of the International
Convention for the Protection of Industrial Property of Paris, of March
20, 1883, revised at Washington in 1911 or by any other Convention or
Statute, for the filing or registration of applications for patents or
models of utility, and for the registration of trade marks, designs and
models which had not expired on August 1, 1914, and those which have
arisen during the war, or would have arisen but for the war, shall be
extended by each of the High Contracting Parties in favour of all
nationals of the other High Contracting Parties for a period of six
months after the coming into force of the present Treaty.
Nevertheless, such extension shall in no way affect the right of any
of the High Contracting Parties or of any person who before the coming
into force of the present Treaty was bona fide in possession of any
rights of industrial property conflicting with rights applied for by
another who claims rights of priority in respect of them, to exercise
such rights by itself or himself personally, or by such agents or
licensees as derived their rights from it or him before the coming into
force of the present Treaty; and such persons shall not be amenable to
any action or other process of law in respect of infringement.
ARTICLE 309.
No action shall be brought and no claim made by persons residing or
carrying on business within the territories of Germany on the one part
and of the Allied or Associated Powers on the other, or persons who are
nationals of such Powers respectively, or by any one deriving title
during the war from such persons, by reason of any action which has
taken place within the territory of the other party between the date of
the declaration of war and that of the coming into force of the present
Treaty, which might constitute an infringement of the rights of
industrial property or rights of literary and artistic property, either
existing at any time during the war or revived under the provisions of Articles 307 and 308.
Equally, no action for infringement of industrial, literary or
artistic property rights by such persons shall at any time be
permissible in respect of the sale or offering for sale for a period of
one year after the signature of the present Treaty in the territories of
the Allied or Associated Powers on the one hand or Germany on the
other, of products or articles manufactured, or of literary or artistic
works published, during the period between the declaration of war and
the signature of the present Treaty, or against those who have acquired
and continue to use them. It is understood, nevertheless, that this
provision shall not apply when the possessor of the rights was domiciled
or had an industrial or commercial establishment in the districts
occupied by Germany during the war.
This Article shall not apply as between the United States of America on the one hand and Germany on the other.
ARTICLE 310.
Licenses in respect of industrial, literary or artistic property
concluded before the war between nationals of the Allied or Associated
Powers or persons residing in their territory or carrying on business
therein, on the one part, and German nationals, on the other part, shall
be considered as cancelled as from the date of the declaration of war
between Germany and the Allied or Associated Power. But, in any case,
the former beneficiary of a contract of this kind shall have the right,
within a period of six months after the coming into force of the present
Treaty, to demand from the proprietor of the rights the grant of a new
license, the conditions of which, in default of agreement between the
parties, shall be fixed by the duly qualified tribunal in the country
under whose legislation the rights had been acquired, except in the case
of licenses held in respect of rights acquired under German law. In
such cases the conditions shall be fixed by the Mixed Arbitral Tribunal
referred to in Section VI of this Part. The tribunal may, if necessary,
fix also the amount which it may deem just should be paid by reason of
the use of the rights during the war.
No license in respect of industrial, literary or artistic property,
granted under the special war legislation of any Allied or Associated
Power, shall be affected by the continued existence of any license
entered into before the war, but shall remain valid and of full effect,
and a license so granted to the former beneficiary of a license entered
into before the war shall be considered as substituted for such license.
Where sums have been paid during the war by virtue of a license or
agreement concluded before the war in respect of rights of industrial
property or for the reproduction or the representation of literary,
dramatic or artistic works, these sums shall be dealt with in the same
manner as other debts or credits of German nationals, as provided by the
present Treaty.
This Article shall not apply as between the United States of America on the one hand and Germany on the other.
ARTICLE 311
The inhabitants of territories separated from Germany by virtue of
the present Treaty shall, notwithstanding this separation and the change
of nationality consequent thereon, continue to enjoy in Germany all the
rights in industrial, literary and artistic property to which they were
entitled under German legislation at the time of the separation.
Rights of industrial, literary, and artistic property which are in
force in the territories separated from Germany under the present Treaty
at the moment of the separation of these territories from Germany, or
which will be re-established or restored in accordance with the
provisions of Article 306
of the present Treaty, shall be recognised by the State to which the
said territory is transferred and shall remain in force in that
territory for the same period of time given them under the German law.
SECTION VIII.
SOCIAL AND STATE INSURANCE IN CEDED TERRITORY.
ARTICLE 312.
Without prejudice to the provisions contained in other Articles of
the present Treaty, the German Government undertakes to transfer to any
Power to which German territory in Europe is ceded, and to any Power
administering former German territory as a mandatory under Article 22
of Part I (League of Nations), such portion of the reserves accumulated
by the Government of the German Empire or of German States, or by
public or private organisations under their control, as is attributable
to the carrying on of Social or State Insurance in such territory.
The Powers to which these funds are transferred must apply them to
the performance of the obligations arising from such insurances
The conditions of the transfer will be determined by special
conventions to be concluded between the German Government and the
Governments concerned.
In case these special conventions are not concluded in accordance
with the above paragraph within three months after the coming into force
of the present Treaty, the conditions of transfer shall in each case be
referred to a Commission of five members one of whom shall be appointed
by the German Government, one by the other interested Government and
three by the Governing Body of the International Labour Office from the
nationals of other States. This Commission shall by majority vote,
within three months after appointment adopt recommendations for
submission to the Council of the League of Nations, and the decisions of
the Council shall forthwith be accepted as final by Germany
PART XI. AERIAL NAVIGATION.
ARTICLE 313.
The aircraft of the Allied and Associated Powers shall have full
liberty of passage and landing over and in the territory and territorial
waters of Germany, and shall enjoy the same privileges as German
aircraft, particularly in case of distress by land or sea.
ARTICLE 314
The aircraft of the Allied and Associated Powers shall, while in
transit to any foreign country whatever, enjoy the right of flying over
the territory and territorial waters of Germany without landing, subject
always to any regulations which may be made by Germany, and which shall
be applicable equally to the aircraft of Germany and to those of the
Allied and Associated countries.
ARTICLE 315
All aerodromes in Germany open to national public traffic shall be
open for the aircraft of the Allied and Associated Powers, and in any
such aerodrome such aircraft shall be treated on a footing of equality
with German aircraft as regards charges of every description, including
charges for landing and accommodation.
ARTICLE 316.
Subject to the present provisions, the rights of passage, transit and landing, provided for in Articles 313, 314 and 315,
are subject to the observance of such regulations as Germany may
consider it necessary to enact, but such regulations shall be applied
without distinction to German aircraft and to those of the Allied and
Associated countries.
ARTICLE 317.
Certificate of nationality, airworthiness, or competency, and
licences, issued or recognised as valid by any of the Allied or
Associated Powers, shall be recognised in Germany as valid and as
equivalent to the certificates and licences issued by Germany.
ARTICLE 318.
As regards internal commercial air traffic, the aircraft of the,
Allied and Associated Powers shall enjoy in Germany most favoured nation
treatment.
ARTICLE 319.
Germany undertakes to enforce the necessary measures to ensure that
all German aircraft flying over her territory shall comply with the
Rules as to lights and signals, Rules of the Air and Rules for Air
Traffic on and in the neighbourhood of aerodromes, which have been laid
down in the Convention relative to Aerial Navigation concluded between
the Allied and Associated Powers.
ARTICLE 320.
The obligations imposed by the preceding provisions shall remain in
force until January 1, 1923, unless before that date Germany shall have
been admitted into the League of Nations or shall have been authorised,
by consent of the Allied and Associated Powers, to adhere to the
Convention relative to Aerial Navigation concluded between those Powers.
PART XII. PORTS, WATERWAYS AND RAILWAYS.
SECTION I.
GENERAL PROVISIONS.
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.
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.
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.
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.
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.
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.
The nationals of any of the Allied and Associated Powers as well as
their vessels and property shall enjoy in all German ports and on the
inland navigation routes of Germany the same treatment in all respects
as German nationals, vessels and property.
In particular the vessels of any one of the Allied or Associated
Powers shall be entitled to transport goods of any description, and
passengers, to or from any ports or places in German territory to which
German vessels may have access, under conditions which shall not be more
onerous than those applied in the case of national vessels; they shall
be treated on a footing of equality with national vessels as regards
port and harbour facilities and charges of every description, including
facilities for stationing loading, and unloading, and duties and charges
of tonnage, harbour, pilotage, light-house, quarantine, and all
analogous duties and charges of whatsoever nature, levied in the name of
or for the profit of the Government, public functionaries, private
individuals, corporations or establishments of any kind.
In the event of Germany granting a preferential regime to any of the
Allied or Associated Powers or to any other foreign Power, this regime
shall be extended immediately and unconditionally to all the Allied and
Associated Powers.
There shall be no impediment to the movement of persons or vessels
other than those arising from prescriptions concerning customs, police,
sanitation, emigration, and immigration, and those relating to the
import and export of prohibited goods. Such regulations must be
reasonable and uniform and must not impede traffic unnecessarily.
CHAPTER II.
FREE ZONES IN PORTS.
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.
The facilities granted for the erection of warehouses, for packing
and for unpacking goods, shall be in accordance with trade requirements
for the time being. All goods allowed to be consumed in the free zone
shall be exempt from duty, whether of excise or of any other
description, apart from the statistical duty provided for in Article 328 above.
There shall be no discrimination in regard to any of the provisions
of the present Article between persons belonging to different
nationalities or between goods of different origin or destination.
ARTICLE 330.
Import duties may be levied on goods leaving the free zone for
consumption in the country on the territory of which the port is
situated. Conversely, export duties may be levied on goods coming from
such country and brought into the free zone. These import and export
duties shall be levied on the same basis and at the same rates as
similar duties levied at the other Customs frontiers of the country
concerned. On the other hand, Germany shall not levy, under any
denomination, any import, export or transit duty on goods carried by
land or water across her territory to or from the free zone from or to
any other State.
Germany shall draw up the necessary regulations to secure and guarantee
such freedom of transit over such railways and waterways in her
territory as normally give access to the free zone.
CHAPTER III.
CLAUSES RELATING TO THE ELBE, THE ODER, THE NIEMEN (RUSSSTROM-MEMEL-NIEMEN) AND THE DANUBE.
(l) General Clauses.
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.
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.
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.
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.
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.
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.
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.
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.
Germany shall cede to the Allied and Associated Powers concerned,
within a maximum period of three months from the date on which
notification shall be given her, a proportion of the tugs and vessels
remaining registered in the ports of the river systems referred to in Article 331
after the deduction of those surrendered by way of restitution or
reparation. Germany shall in the same way cede material of all kinds
necessary to the Allied and Associated Powers concerned for the
utilisation of those river systems.
The number of the tugs and boats, and the amount of the material so
ceded, and their distribution, shall be determined by an arbitrator or
arbitrators nominated by the United States of America, due regard being
had to the legitimate needs of the parties concerned, and particularly
to the shipping traffic during the five years preceding the war.
All craft so ceded shall be provided with their fittings and gear,
shall be in a good state of repair and in condition to carry goods and
shall be selected from among those most recently built.
The cessions provided for in the present Article shall entail a
credit of which the total amount, settled in a lump sum by the
arbitrator or arbitrators, shall not in any case exceed the value of the
capital expended in the initial establishment of the material ceded,
and shall be set off against the total sums due from Germany, in
consequence, the indemnification of the proprietors shall be a matter
for Germany to deal with.
(2) Special Clauses relating to the Elbe, the Oder and the Niemen (Russstrom-Memel-Niemen)
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.
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.
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.
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.
The projects referred to in the preceding Article shall, inter alia:
- designate the headquarters of the International Commission, and
prescribe the manner in which its President is to be nominated;
- 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-
- define the sections of the river or its tributaries to which the international regime shall be applied.
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.
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.
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.
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.
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.
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.
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.
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.
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.
As from the coming into force of the present Treaty, the Convention
of Mannheim of October 17, 1868, together with the Final Protocol
thereof, shall continue to govern navigation on the Rhine, subject to
the conditions hereinafter laid down.
In the event of any provision of the said Convention being in
conflict with those laid down by the General Convention referred to in Article 338 (which shall apply to the Rhine) the provisions of the General Convention shall prevail.
Within a maximum period of six months from the coming into force of the present Treaty, the Central Commission referred to in Article 355
shall meet to draw up a project of revision of the Convention of
Mannheim. This project shall be drawn up in harmony with the provisions
of the General Convention referred to above, should this have been
concluded by that time, and shall be submitted to the Powers represented
on the Central Commission Germany hereby agrees to adhere to the
project so drawn up.
Further, the modifications set out in the following Articles shall immediately be made in the Convention of Mannheim.
The Allied and Associated Powers reserve to themselves the right to
arrive at an understanding in this connection with Holland, and Germany
hereby agrees to accede if required to any such understanding.
The Central Commission provided for in the Convention of Mannheim shall consist of nineteen members, viz.:
2 representatives of the Netherlands; 2 representatives of
Switzerland; 4 representatives of German riparian States; 4
representatives of France, which in addition shall appoint the President
of the Commission; 2 representatives of Great Britain; 2
representatives of Italy; 2 representatives of Belgium.
The headquarters of the Central Commission shall be at Strasburg.
Whatever be the number of members present, each Delegation shall have
the right to record a number of votes equal to the number of
representatives allotted to it.
If certain of these representatives cannot be appointed at the time
of the coming into force of the present Treaty, the decision of the
Commission shall nevertheless be valid.
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.
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:
- 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
- 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.
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:
- 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;
- 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:
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;
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;
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.
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:
- to the Moselle below the Franco-Luxemburg frontier down to the Rhine, subject to the consent of Luxemburg;
- to the Rhine above Basle up to the Lake of Constance, subject to the consent of Switzerland;
- 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 s ections of these rivers, and also any other parts of the
Rhine river system which may be covered by the General Convention
provided for in Article 338 above.
CHAPTER V.
CLAUSES GIVING TO THE CZECHO-SLOVAK STATE THE USE OF NORTHERN PORTS.
ARTICLE 363.
In the ports of Hamburg and Stettin Germany shall lease to the
Czecho-Slovak State, for a period of 99 years, areas which shall be
placed under the general regime of free zones and shall be used for the
direct transit of goods coming from or going to that State.
ARTICLE 364.
The delimitation of these areas, and their equipment, their
exploitation, and in general all conditions for their utilisation,
including the amount of the rental, shall be decided by a Commission
consisting of one delegate of Germany, one delegate of the Czecho-Slovak
State and one delegate of Great Britain. These conditions shall be
susceptible of revision every ten years in the same manner.
Germany declares in advance that she will adhere to the decisions so taken.
SECTION III.
RAILWAYS.
CHAPTER I.
CLAUSES RELATING TO INTERNATIONAL TRANSPORT.
ARTICLE 365.
Goods coming from the territories of the Allied and Associated
Powers, and going to Germany, or in transit through Germany from or to
the territories of the Allied and Associated Powers, shall enjoy on the
German railways as regards charges to be collected (rebates and
drawbacks being taken into account), facilities, and all other matters,
the most favourable treatment applied to goods of the same kind carried
on any German lines, either in internal traffic, or for export, import
or in transit, under similar conditions of transport, for example as
regards length of route. The same rule shall be applied, on the request
of one or more of the Allied and Associated Powers, to goods specially
designated by such Power or Powers coming from Germany and going to
their territories.
International tariffs established in accordance with the rates
referred to in the preceding paragraph and involving through waybills
shall be established when one of the Allied and Associated Powers shall
require it from Germany.
ARTICLE 366.
From the coming into force of the present Treaty the High Contracting
Parties shall renew, in so far as concerns them and under the reserves
indicated in the second paragraph of the present Article, the
conventions and arrangements signed at Berne on October 14, 1890,
September 20, 1893, July 16, 1895, June 16, 1898, and September 19,
1906, regarding the transportation of goods by rail.
If within five years from the date of the coming into force of the
present Treaty a new convention for the transportation of passengers,
luggage, and goods by rail shall have been concluded to replace the
Berne Convention of October 14, 1 890, and the subsequent additions
referred to above, this new convention and the supplementary provisions
for international transport by rail which may be based on it shall bind
Germany, even if she shall have refused to take part in the preparation
of the convention or to subscribe to it. Until a new convention shall
have been concluded, Germany shall conform to the provisions of the
Berne Convention and the subsequent additions referred to above, and to
the current supplementary provisions.
ARTICLE 367.
Germany shall be bound to co-operate in the establishment of through
ticket services (for passengers and their luggage) which shall be
required by any of the Allied and Associated Powers to ensure their
communication by rail with each other and with all other countries by
transit across the territories of Germany; in particular Germany shall,
for this purpose, accept trains and carriages coming from the
territories of the Allied and Associated Powers and shall forward them
with a speed at least equal to that of her best long-distance trains on
the same lines. The rates applicable to such through services shall not
in any case be higher than the rates collected on German internal
services for the same distance, under the same conditions of speed and
comfort.
The tariffs applicable under the same conditions of speed and comfort
to the transportation of emigrants going to or coming from ports of the
Allied and Associated Powers and using the German railways shall not be
at a higher kilometric rate than the most favourable tariffs (drawbacks
and rebates being taken into account) enjoyed on the said railways by
emigrants going to or coming from any other ports.
ARTICLE 368.
Germany shall not apply specially to such through services, or to the
transportation of emigrants going to or coming from the ports of the
Allied and Associated Powers, any technical, fiscal or administrative
measures, such as measures of customs examination, general police,
sanitary police, and control, the result of which would be to impede or
delay such services.
ARTICLE 369.
In case of transport partly by rail and partly by internal
navigation, with or without through way-bill, the preceding Articles
shall apply to the part of the journey performed by rail.
CHAPTER II.
ROLLING-STOCK.
ARTICLE 370.
Germany undertakes that German wagons shall be fitted with apparatus allowing:
- 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
- Of the acceptance of wagons of such countries in all goods trains on the German lines.
The rollingstock of the Allied and Associated Powers shall enjoy on
the German lines the same treatment as German rollingstock as regards
movement, upkeep, and repairs.
CHAPTER III.
CESSIONS OF RAILWAY LINES.
ARTICLE 371.
Subject to any special provisions concerning the cession of ports,
waterways and railways situated in the territories over which Germany
abandons her sovereignty, and to the financial conditions relating to
the concessionnaires and the pensioning of the personnel, the cession of
railways will take place under the following conditions:
The works and installations of all the railroads shall be handed over complete and in good condition.
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.
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.
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:
- For the carriage of troops under the provisions of the present Treaty, and of material, ammunition and supplies for army use;
- As a temporary measure, for the transportation of
supplies for certain regions, as well as for the restoration, as rapidly
as possible, of the normal conditions of transport, and for the
organisation of postal and telegraphic services.
SECTION IV.
DISPUTES AND REVISION OF PERMANENT CLAUSES.
ARTICLE 376.
Disputes which may arise between interested Powers with regard to the
interpretation and application of the preceding Article shall be
settled as provided by the League of Nations.
ARTICLE 377.
At any time the League of Nations may recommend the revision of such
of these Articles as relate to a permanent administrative regime.
ARTICLE 378.
The stipulations in Articles 321 to 330, 332, 365, and 367 to 369
shall be subject to revision by the Council of the League of Nations at
any time after five years from the coming into force of the present
Treaty.
Failing such revision, no Allied or Associated Power can claim after
the expiration of the above period of five years the benefit of any of
the stipulations in the Articles enumerated above on behalf of any
portion of its territories in which reciprocity is not accorded in
respect of such stipulations. The period of five years during which
reciprocity cannot be demanded may be prolonged by the Council of the
League of Nations.
SECTION V.
SPECIAL PROVISION.
ARTICLE 379.
Without prejudice to the special obligations imposed on her by the
present Treaty for the benefit of the Allied and Associated Powers,
Germany undertakes to adhere to any General Conventions regarding the
international regime of transit, waterways, ports or railways which may
be concluded by the Allied and Associated Powers, with the approval of
the League of Nations, within five years of the coming into force of the
present Treaty.
SECTION VI.
CLAUSES RELATING TO THE KIEL CANAL.
ARTICLE 380.
The Kiel Canal and its approaches shall be maintained free and open
to the vessels of commerce and of war of all nations at peace with
Germany on terms of entire equality.
ARTICLE 381.
The nationals, property and vessels of all Powers shall, in respect
of charges, facilities, and in all other respects, be treated on a
footing of perfect equality in the use of the Canal, no distinction
being made to the detriment of nationals, property and vessels of any
Power between them and the nationals, property and vessels of Germany or
of the most favoured nation.
No impediment shall be placed on the movement of persons or vessels
other than those arising out of police, customs, sanitary, emigration or
immigration regulations and those relating to the import or export of
prohibited goods. Such regulations must be reasonable and uniform and
must not unnecessarily impede traffic.
ARTICLE 382.
Only such charges may be levied on vessels using the Canal or its
approaches as are intended to cover in an equitable manner the cost of
maintaining in a navigable condition, or of improving, the Canal or its
approaches, or to meet expenses incurred in the interests of navigation.
The schedule of such charges shall be calculated on the basis of such
expenses, and shall be posted up in the ports.
These charges shall be levied in such a manner as to render any
detailed examination of cargoes unnecessary, except in the case of
suspected fraud or contravention.
ARTICLE 383.
Goods in transit may be placed under seal or in the custody of
customs agents; the loading and unloading of goods, and the embarkation
and disembarkation of passengers, shall only take place in the ports
specified by Germany.
ARTICLE 384.
No charges of any kind other than those provided for in the present
Treaty shall be levied along the course or at the approaches of the Kiel
Canal.
ARTICLE 385.
Germany shall be bound to take suitable measures to remove any
obstacle or danger to navigation, and to ensure the maintenance of good
conditions of navigation. She shall not undertake any works of a nature
to impede navigation on the Canal or its approaches.
ARTICLE 386.
In the event of violation of any of the conditions of Articles 380 to 386,
or of disputes as to the interpretation of these Articles, any
interested Power can appeal to the jurisdiction instituted for the
purpose by the League of Nations.
In order to avoid a reference of small questions to the League of
Nations, Germany will establish a local authority at Kiel qualified to
deal with disputes in the first instance and to give satisfaction so far
as possible to complaints which may be presented through the consular
representatives of the interested Powers.
PART XIII. LABOUR
SECTION I.
ORGANISATION OF LABOUR.
Whereas the League of Nations has for its object the establishment of
universal peace, and such a peace can be established only if it is
based upon social justice;
And whereas conditions of labour exist involving such injustice,
hardship, and privation to large numbers of people as to produce unrest
so great that the peace and harmony of the world are imperilled; and an
improvement of those conditions is urgently required: as, for example,
by the regulation of the hours of work, including the establishment of a
maximum working day and week, the regulation of the labour supply, the
prevention of unemployment, the provision of an adequate living wage,
the protection of the worker against sickness, disease and injury
arising out of his employment, the protection of children, young persons
and women, provision for old age and injury, protection of the
interests of workers when employed in countries other than their own
recognition of the principle of freedom of association, the organisation
of vocational and technical education and other measures;
Whereas also the failure of any nation to adopt humane conditions of
labour is an obstacle in the way of other nations which desire to
improve the conditions in their own countries;
The HIGH CONTRACTING PARTIES, moved by sentiments of justice and
humanity as well as by the desire to secure the permanent peace of the
world, agree to the following:
CHAPTER l.
ORGANISATION.
ARTICLE 387.
A permanent organisation is hereby established for the promotion of the objects set forth in the Preamble.
The original Members of the League of Nations shall be the original
Members of this organisation, and hereafter membership of the League of
Nations shall carry with it membership of the said organisation.
ARTICLE 388.
The permanent organisation shall consist of:
- a General Conference of Representatives of the Members and,
- an International Labour Office controlled by the Governing Body described in Article 393.
ARTICLE 389.
The meetings of the General Conference of Representatives of the
Members shall be held from time to time as occasion may require, and at
least once in every year. It shall be composed of four Representatives
of each of the Members, of whom two shall be Government Delegates and
the two others shall be Delegates representing respectively the
employers and the workpeople of each of the Members.
Each Delegate may be accompanied by advisers, who shall not exceed
two in number for each item on the agenda of the meeting. When questions
specially affecting women are to be considered by the Conference, one
at least of the advisers should be a woman.
The members undertake to nominate non-Government Delegates and
advisers chosen in agreement with the industrial organisations, if such
organisations exist, which are most representative of employers or
workpeople, as the case may be, in their respective countries.
Advisers shall not speak except on a request made by the Delegate
whom they accompany and by the special authorisation of the President of
the Conference, and may not vote.
A Delegate may by notice in writing addressed to the President
appoint one of his advisers to act as his deputy, and the adviser, while
so acting, shall be allowed to speak and vote.
The names of the Delegates and their advisers will be communicated to
the International Labour Office by the Government of each of the
Members.
The credentials of Delegates and their advisers shall be subject to
scrutiny by the Conference, which may, by two-thirds of the votes cast
by the Delegates present, refuse to admit any Delegate or adviser whom
it deems not to have been nominated in accordance with this Article.
ARTICLE 390.
Every Delegate shall be entitled to vote individually on all matters which are taken into consideration by the Conference.
If one of the Members fails to nominate one of the nonGovernment
Delegates whom it is entitled to nominate, the other non-Government
Delegate shall be allowed to sit and speak at the Conference, but not to
vote.
If in accordance with Article 389
the Conference refuses admission to a Delegate of one of the Members,
the provisions of the present Article shall apply as if that Delegate
had not been nominated.
ARTICLE 391.
The meetings of the Conference shall be held at the seat of the
League of Nations, or at such other place as may be decided by the
Conference at a previous meeting by two-thirds of the votes cast by the
Delegates present.
ARTICLE 392.
The International Labour Office shall be established at the seat of
the League of Nations as part of the organisation of the League.
ARTICLE 393
The International Labour Office shall be under the control of a
Governing Body consisting of twenty-four persons, appointed in
accordance with the following provisions:
The Governing Body of the International Labour Office shall be constituted as follows:
Twelve persons representing the Governments;
Six persons elected by the Delegates to the Conference representing the employers;
Six persons elected by the Delegates to the Conference representing the workers.
Of the twelve persons representing the Governments eight shall be
nominated by the Members which are of the chief industrial importance,
and four shall be nominated by the Members selected for the purpose by
the Government Delegates to the Conference, excluding the Delegates of
the eight Members mentioned above.
Any question as to which are the Members of the chief industrial
importance shall be decided by the Council of the League of Nations.
The period of office of the Members of the Governing Body will be
three years. The method of filling vacancies and other similar questions
may be determined by the Governing Body subject to the approval of the
Conference.
The Governing Body shall, from time to time, elect one of its members
to act as its Chairman, shall regulate its own procedure and shall fix
its own times of meeting. A special meeting shall be held if a written
request to that effect is made by at least ten members of the Governing
Body.
ARTICLE 394.
There shall be a Director of the International Labour Office, who
shall be appointed by the Governing Body, and, subject to the
instructions of the Governing Body, shall be responsible for the
efficient conduct of the International Labour Office and for such other
duties as may be assigned to him.
The Director or his deputy shall attend all meetings of the Governing Body.
ARTICLE 395.
The staff of the International Labour Office shall be appointed by
the Director who shall, so far as is possible with due regard to the
efficiency of the work of the Office, select persons of different
nationalities A certain number of these persons shall be women.
ARTICLE 396.
The functions of the International Labour Office shall include the
collection and distribution of information on all subjects relating to
the international adjustment of conditions of industrial life and
labour, and particularly the examination of subjects which it is
proposed to bring before the Conference with a view to the conclusion of
international conventions, and the conduct of such special
investigations as may be ordered by the Conference.
It will prepare the agenda for the meetings of the Conference.
It will carry out the duties required of it by the provisions of this
Part of the present Treaty in connection with international disputes.
It will edit and publish in French and English, and in such other
languages as the Governing Body may think desirable, a periodical paper
dealing with problems of industry and employment of international
interest.
Generally, in addition to the functions set out in this Article, it
shall have such other powers and duties as may be assigned to it by the
Conference.
ARTICLE 397.
The Government Departments of any of the Members which deal with
questions of industry and employment may communicate directly with the
Director through the Representative of their Government on the Governing
Body of the International Labour Office, or failing any such
Representative, through such other qualified official as the Government
may nominate for the purpose.
ARTICLE 398.
The International Labour Office shall be entitled to the assistance
of the Secretary-General of the League of Nations in any matter in which
it can be given.
ARTICLE 399.
Each of the Members will pay the travelling and subsistence expenses
of its Delegates and their advisers and of its Representatives attending
the meetings of the Conference or Governing Body, as the case may be.
All the other expenses of the International Labour Office and of the
meetings of the Conference or Governing Body shall be paid to the
Director by the Secretary-General of the League of Nations out of the
general funds of the League.
The Director shall be responsible to the Secretary-General of the
League for the proper expenditure of all moneys paid to him in pursuance
of this Article.
CHAPTER II.
PROCEDURE.
ARTICLE 400.
The agenda for all meetings of the Conference will be settled by the
Governing Body, who shall consider any suggestion as to the agenda that
may be made by the Government of any of the Members or by any
representative organisation recognised for the purpose of Article 389.
ARTICLE 401.
The Director shall act as the Secretary of the Conference, and shall
transmit the agenda so as to reach the Members four months before the
meeting of the Conference, and, through them, the non-Government
Delegates when appointed.
ARTICLE 402.
Any of the Governments of the Members may formally object to the
inclusion of any item or items in the agenda. The grounds for such
objection shall be set forth in a reasoned statement addressed to the
Director, who shall circulate it to all the Members of the Permanent
Organisation.
Items to which such objection has been made shall not, however, be
excluded from the agenda, if at the Conference a majority of two-thirds
of the votes cast by the Delegates present is in favour of considering
them.
If the Conference decides (otherwise than under the preceding
paragraph) by two-thirds of the votes cast by the Delegates present that
any subject shall be considered by the Conference, that subject shall
be included in the agenda for the following meeting.
ARTICLE 403.
The Conference shall regulate its own procedure, shall elect its own
President, and may appoint committees to consider and report on any
matter.
Except as otherwise expressly provided in this Part of the present
Treaty, all matters shall be decided by a simple majority of the votes
cast by the Delegates present.
The voting is void unless the total number of votes cast is equal to
half the number of the Delegates attending the Conference.
ARTICLE 404.
The Conference may add to any committees which it appoints technical experts, who shall be assessors without power to vote.
ARTICLE 405.
When the Conference has decided on the adoption of proposals with
regard to an item in the agenda, it will rest with the Conference to
determine whether these proposals should take the form: (a) of a
recommendation to be submitted to the Members for consideration with a
view to effect being given to it by national legislation or otherwise,
or (b) of a draft international convention for ratification by the
Members.
In either case a majority of two-thirds of the votes cast by the
Delegates present shall be necessary on the final vote for the adoption
of the recommendation or draft convention, as the case may be, by the
Conference.
In framing any recommendation or draft convention of general
application the Conference shall have due regard to those countries in
which climatic conditions, the imperfect development of industrial
organisation or other special circumstances make the industrial
conditions substantially different and shall suggest the modifications,
if any, which it considers may be required to meet the case of such
countries.
A copy of the recommendation or draft convention shall be
authenticated by the signature of the President of the Conference and of
the Director and shall be deposited with the Secretary-General of the
League of Nations. The Secretary-General will communicate a certified
copy of the recommendation or draft convention to each of the members.
Each of the Members undertakes that it will, within the period of one
year at most from the closing of the session of the Conference, or if
it is impossible owing to exceptional circumstances to do so within the
period of one year, then at the earliest practicable moment and in no
case later than eighteen months from the closing of the session of the
Conference, bring the recommendation or draft convention before the
authority or authorities within whose competence the matter lies, for
the enactment of legislation or other action.
In the case of a recommendation, the Members will inform the Secretary-General of the action taken.
In the case of a draft convention, the Member will, if it obtains the
consent of the authority or authorities within whose competence the
matter lies, communicate the formal ratification of the convention to
the Secretary-General and will take such action as may be necessary to
make effective the provisions of such convention.
If on a recommendation no legislative or other action is taken to
make a recommendation effective, or if the draft convention fails to
obtain the consent of the authority or authorities within whose
competence the matter lies, no further obligation shall rest upon the
Member.
In the case of a federal State, the power of which to enter into
conventions on labour matters is subject to limitations, it shall be in
the discretion of that Government to treat a draft convention to which
such limitations apply as a recommendation only, and the provisions of
this Article with respect to recommendations shall apply in such case.
The above Article shall be interpreted in accordance with the following principle:
In no case shall any Member be asked or required, as a result of the
adoption of any recommendation or draft convention by the Conference, to
lessen the protection afforded by its existing legislation to the
workers concerned.
ARTICLE 406.
Any convention so ratified shall be registered by the
Secretary-General of the League of Nations, but shall only be binding
upon the Members which ratify it.
ARTICLE 407.
If any convention coming before the Conference for final
consideration fails to secure the support of two-thirds of the votes
cast by the Delegates present, it shall nevertheless be within the right
of any of the Members of the Permanent Organisation to agree to such
convention among themselves.
Any convention so agreed to shall be communicated by the Governments
concerned to the Secretary-General of the League of Nations, who shall
register it.
ARTICLE 408.
Each of the Members agrees to make an annual report to the
International Labour Office on the measures which it has taken to give
effect to the provisions of conventions to which it is a party. These
reports shall be made in such form and shall contain such particulars as
the Governing Body may request. The Director shall lay a summary of
these reports before the next meeting of the Conference.
ARTICLE 409.
In the event of any representation being made to the International
Labour Office by an industrial association of employers or of workers
that any of the members has failed to secure in any respect the
effective observance within its jurisdiction of any con vention to which
it is a party, the Governing Body may communicate this representation
to the Government against which it is made and may invite that
Government to make such statement on the subject as it may think fit.
ARTICLE 410.
If no statement is received within a reasonable time from the
Government in question, or if the statement when received is not deemed
to be satisfactory by the Governing Body, the latter shall have the
right to publish the representation and the statement, if any, made in
reply to it.
ARTICLE 411.
Any of the Members shall have the right to file a complaint with the
International Labour Office if it is not satisfied that any other Member
is securing the effective observance of any convention which both have
ratified in accordance with the foregoing Articles.
The Governing Body may, if it thinks fit, before referring such a
complaint to a Commission of Enquiry, as hereinafter provided for,
communicate with the Government in question in the manner described in Article 409.
If the Governing Body does not think it necessary to communicate the
complaint to the Government in question, or if, when they have made such
communication, no statement in reply has been received within a
reasonable time which the Governing Body considers to be satisfactory,
the Governing Body may apply for the appointment of a Commission of
Enquiry to consider the complaint and to report thereon.
The Governing Body may adopt the same procedure either of its own
motion or on receipt of a complaint from a Delegate to the Conference.
When any matter arising out of Articles 410 or 411
is being considered by the Governing Body, the Government in question
shall, if not already represented thereon, be entitled to send a
representative to take part in the proceedings of the Governing Body
while the matter is under consideration. Adequate notice of the date on
which the matter will be considered shall be given to the Government in
question.
ARTICLE 412.
The Commission of Enquiry shall be constituted in accordance with the following provisions:
Each of the Members agrees to nominate within six months of the date
on which the present Treaty comes into force three persons of industrial
experience, of whom one shall be a representative of employers, one a
representative of workers, and one a person of independent standing, who
shall together form a panel from which the Members of the Commission of
Enquiry shall be drawn.
The qualifications of the persons so nominated shall be subject to
scrutiny by the Governing Body, which may be two-thirds of the votes
cast by the representatives present refuse to accept the nomination of
any person whose qualifications do not in its Opinion comply with the
requirements of the present Article.
Upon the application of the Governing Body, the Secretary-General of
the League of Nations shall nominate three persons one from each section
of this panel, to constitute the Commission of Enquiry, and shall
designate one of them as the President of the Commission. None of these
three persons shall be a person nominated to the panel by any Member
directly concerned in the complaint.
ARTICLE: 413.
The Members agree that, in the event of the reference of a complaint to a Commission of Enquiry under Article 411,
they will each, whether directly concerned in the complaint or not,
place at the disposal of the Commission all the information in their
possession which bears upon the subject-matter of the complaint.
ARTICLE 414.
When the Commission of Enquiry has fully considered the complaint, it
shall prepare a report embodying its findings on all questions of fact
relevant to determining the issue between the parties and containing
such recommendations as it may think proper as to the steps which should
be taken to meet the complaint and the time within which they should be
taken.
It shall also indicate in this report the measures, if any, of an
economic character against a defaulting Government which it considers to
be appropriate, and which it considers other Governments would be
justified in adopting.
ARTICLE 415.
The Secretary-General of the League of Nations shall communicate the
report of the Commission of Enquiry to each of the Governments concerned
in the complaint, and shall cause it to be published.
Each of these Governments shall within one month inform the
Secretary-General of the League of Nations whether or not it accepts the
recommendations contained in the report of the Commission- and if not,
whether it proposes to refer the complaint to the Permanent Court of
International Justice of the League of Nations.
ARTICLE 416.
In the event of any Member failing to take the action required by Article 405,
with regard to a recommendation or draft Convention, any other Member
shall be entitled to refer the matter to the Permanent Court of
International Justice.
ARTICLE 417.
The decision of the Permanent Court of International Justice in
regard to a complaint or matter which has been referred to it in
pursuance of Article 415 or Article 416 shall be final.
ARTICLE 418.
The Permanent Court of International Justice may affirm, vary or
reverse any of the findings or recommendations of the Commission of
Enquiry, if any, and shall in its decision indicate the measures, if
any, of an economic character which it considers to be appropriate, and
which other Governments would be justified in adopting against a
defaulting Government.
ARTICLE 419.
In the event of any Member failing to carry out within the time
specified the recommendations, if any, contained in the report of the
Commission of Enquiry, or in the decision of the Permanent Court of
International Justice, as the case may be, any other Member may take
against that Member the measures of an economic character indicated in
the report of the Commission or in the decision of the Court as
appropriate to the case.
ARTICLE 420.
The defaulting Government may at any time inform the Governing Body
that it has taken the steps necessary to comply with the recommendations
of the Commission of Enquiry or with those in the decision of the
Permanent Court of International Justice, as the case may be, and may
request it to apply to the Secretary-General of the League to constitute
a Commission of Enquiry to verify its contention. In this case the
provisions of Articles 412, 413, 414, 415, 417 and 418
shall apply, and if the report of the Commission of Enquiry or the
decision of the Permanent Court of International Justice is in favour of
the defaulting Government, the other Governments shall forthwith
discontinue the measures of an economic character that they have taken
against the defaulting Government.
CHAPTER III.
GENERAL PRESCRIPTIONS.
ARTICLE 421.
The Members engage to apply conventions which they have ratified in
accordance with the provisions of this Part of the present Treaty to
their colonies, protectorates and possessions which are not fully
self-governing:
- Except where owing to the local conditions the convention is inapplicable, or
- Subject to such modifications as may be necessary to adapt the convention to local conditions.
And each of the Members shall notify to the International Labour
Office the action taken in respect of each of its colonies,
protectorates and possessions which are not fully self-governing.
ARTICLE 422.
Amendments to this Part of the present Treaty which are adopted by
the Conference by a majority of two-thirds of the votes cast by the
Delegates present shall take effect when ratified by the States whose
representatives compose the Council of the League of Nations and by
three-fourths of the Members.
ARTICLE 423.
Any question or dispute relating to the interpretation of this Part
of the present Treaty or of any subsequent convention concluded by the
Members in pursuance of the provisions of this Part of the present
Treaty shall be referred for decision to the Permanent Court of
International Justice.
CHAPTER IV.
TRANSITORY PROVISIONS.
ARTICLE 424.
The first meeting of the Conference shall take place in October,
1919. The place and agenda for this meeting shall be as specified in the
Annex hereto.
Arrangements for the convening and the organisation of the first
meeting of the Conference will be made by the Government designated for
the purpose in the said Annex. That Government shall be assisted in the
preparation of the documents for submission to the Conference by an
International Committee constituted as provided in the said Annex.
The expenses of the first meeting and of all subsequent meetings held
before the League of Nations has been able to establish a general fund,
other than the expenses of Delegates and their advisers, will be borne
by the Members in accordance with the apportionment of the expenses of
the International Bureau of the Universal Postal Union.
ARTICLE 425.
Until the League of Nations has been constituted all communications
which under the provisions of the foregoing Articles should be addressed
to the Secretary-General of the League will be preserved by the
Director of the International Labour Office, who will transmit them to
the Secretary-General of the League.
ARTICLE 426.
Pending the creation of a Permanent Court of International Justice
disputes which in accordance with this Part of the present Treaty would
be submitted to it for decision will be referred to a tribunal of three
persons appointed by the Council of the League of Nations.
ANNEX.
FIRST MEETING OF ANNUAL LABOUR CONFERENCE, 1919.
The place of meeting will be Washington.
The Government of the United States of America is requested to convene the Conference.
The International Organising Committee will consist of seven Members,
appointed by the United States of America, Great Britain, France,
Italy, Japan, Belgium and Switzerland. The Committee may, if it thinks
necessary, invite other Members to appoint representatives.
Agenda:
- Application of principle of the 8-hours day or of the 48-hours week.
- Question of preventing or providing against unemployment.
- Women's employment:
- Before and after child-birth, including the question of maternity benefit;
- During the night;
- In unhealthy processes.
- Employment of children:
- Minimum age of employment;
- During the night;
- In unhealthy processes.
- Extension and application of the International Conventions
adopted at Berne in 1906 on the prohibition of night work for women
employed in industry and the prohibition of the use of white phosphorus
in the manufacture of matches.
SECTION II.
GENERAL PRINCIPLES.
ARTICLE 427.
The High Contracting Parties, recognising that the well-being,
physical, moral and intellectual, of industrial wage-earners is of
supreme international importance, have framed, in order to further this
great end, the permanent machinery provided for in Section l and
associated with that of the League of Nations.
They recognise that differences of climate, habits, and customs, of
economic opportunity and industrial tradition, make strict uniformity in
the conditions of labour difficult of immediate attainment. But,
holding as they do, that labour should not be regarded merely as an
article of commerce, they think that there are methods and principles
for regulating labour conditions which all industrial communities should
endeavour to apply, so far as their special circumstances will permit.
Among these methods and principles, the following seem to the High Contracting Parties to be of special and urgent importance:
First: The guiding principle above enunciated that labour should not
be regarded merely as a commodity or article of commerce.
Second: The right of association for all lawful purposes by the employed as well as by the employers.
Third.: The payment to the employed of a wage adequate to maintain a
reasonable standard of life as this is understood in their time and
country.
Fourth: The adoption of an eight hours day or a forty-eight hours
week as the standard to be aimed at where it has not already been
attained.
Fifth.::The adoption of a weekly rest of at least twenty-four hours, which should include Sunday wherever practicable.
Sixth.: The abolition of child labour and the imposition of such
limitations on the labour of young persons as shall permit the
continuation of their education and assure their proper physical
development.
Seventh.: The principle that men and women should receive equal remuneration for work of equal value.
Eighth: The standard set by law in each country with respect to the
conditions of labour should have due regard to the equitable economic
treatment of all workers lawfully resident therein.
Ninth.: Each State should make provision for a system of inspection
in which women should take part, in order to ensure the enforcement of
the laws and regulations for the protection of the employed.
Without claiming that these methods and principles are either
complete or final, the High Contracting Parties are of opinion that they
are well fitted to guide the policy of the League of Nations; and that,
if adopted by the industrial communities who are members of the League,
and safeguarded in practice by an adequate system of such inspection,
they will confer lasting benefits upon the wage-earners of the world.
PART XIV. GUARANTEES.
SECTION I.
WESTERN EUROPE.
ARTICLE 428.
As a guarantee for the execution of the present Treaty by Germany,
the German territory situated to the west of the Rhine, together with
the bridgeheads, will be occupied by Allied and Associated troops for a
period of fifteen years from the coming into force of the present
Treaty.
ARTICLE 429.
If the conditions of the present Treaty are faithfully carried out by Germany, the occupation referred to in Article 428 will be successively restricted as follows:
- 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.
- 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.
- At the expiration of fifteen years there will be
evacuated: the bridgehead of Mainz, the bridgehead of Kehl and the
remainder of the German territory under occupation.
If at that date the guarantees against unprovoked aggression by
Germany are not considered sufficient by the Allied and Associated
Governments, the evacuation of the occupying troops may be delayed to
the extent regarded as necessary for the purpose of obtaining the
required guarantees.
ARTICLE 430.
In case either during the occupation or after the expiration of the
fifteen years referred to above the Reparation Commission finds that
Germany refuses to observe the whole or part of her obligations under
the present Treaty with regard to reparation, the whole or part of the
areas specified in Article 429 will be reoccupied immediately by the Allied and Associated forces.
ARTICLE 431.
If before the expiration of the period of fifteen years Germany
complies with all the undertakings resulting from the present Treaty,
the occupying forces will be withdrawn immediately.
ARTICLE 432.
All matters relating to the occupation and not provided for by the
present Treaty shall be regulated by subsequent agreements, which
Germany hereby undertakes to observe.
SECTION II.
EASTERN EUROPE.
ARTICLE 433.
As a guarantee for the execution of the provisions of the present
Treaty, by which Germany accepts definitely the abrogation of the Brest-Litovsk Treaty,
and of all treaties, conventions and agreements entered into by her
with the Maximalist Government in Russia, and in order to ensure the
restoration of peace and good government in the Baltic Provinces and
Lithuania, all German troops at present in the said territories shall
return to within the frontiers of Germany as soon as the Governments of
the Principal Allied and Associated Powers shall think the moment
suitable, having regard to the internal situation of these territories.
These troops shall abstain from all requisitions and seizures and from
any other coercive measures, with a view to obtaining supplies intended
for Germany, and shall in no way interfere with such measures for
national defence as may be adopted by the Provisional Governments of
Esthonia, Latvia, and Lithuania.
No other German troops shall, pending the evacuation or after the evacuation is complete, be admitted to the said territories.
PART XV. MISCELLANEOUS PROVISIONS.
ARTICLE 434.
Germany undertakes to recognise the full force of the Treaties of
Peace and Additional Conventions which may be concluded by the Allied
and Associated Powers with the Powers who fought on the side of Germany
and to recognise whatever dispositions nay be made concerning the
territories of the former Austro-Hungarian Monarchy, of the Kingdom of
Bulgaria and of the Ottoman Empire, and to recognise the new States
within their frontiers as there laid down.
ARTICLE 435.
The High Contracting Parties, while they recognise the guarantees
stipulated by the Treaties of 1815, and especially by the Act of
November 20, 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:
- The neutralised zone of Haute-Savoie:
- 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.
- 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.
- 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.
- Free zone of Haute-Savoie and the district of Gex:
- 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.
- 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 may be
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 of 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.
Now, I'm sure you read that from top to bottom, right?
Well, neither did I.
Okay, what of the treaty?
Since the Second World War its become common to blame the Second on the treaty, at least in part, that ended the First. That is, the common story is that the Versailles Treaty was to harsh and this lead to a bitter, un-reconciled, even abused Germany turning towards the promises of the Nazis and going to war a second time. But is that really correct? Or is it even correct it in its more modified form, which notes the impact of the Great Depression (often tied to the impact of reparations) and other factors. This version of events is so common that its accepted as a standard explanation for the war. Not an excuse for the Nazis, but a reason that the descent into Nazism came about.
But is that too simple.
We would submit that it is.
For one thing the Treaty did not really last long in its original form. Very soon after it was entered into the Allies began to doubt the extent to which they had gone. In 1925 major portions of the treaty were renegotiated with Wiemar Germany leading to the Lucaro Treaties that reduced the harsher aspects of them. Those treaties were regarded as major German diplomatic successes. And of course the United States failed to actually sign the treaty at all, given that the Republican Senate could not stomach the League of Nations concept, and the US therefore ended up entering into a separate peace with Germany in 1921 which adopted some of the provisions of the Versailles Treaty but not others, by reference.
Indeed, on that, the U.S. benefited from all of the effort that went into the Treaty, as it truly ended the war with finality, but it also allowed the U.S. to dodge responsibility on enforcing the peace. A person can make of that what they will, but by and large we went along ways towards picking the tasty fruit of the treaty and avoiding the labor in the garden.
Anyhow, there's certain things about the Treaty and its relationship to the Second World War that are routinely ignored, one of them being that it had been strictly enforced, World War Two could not have occurred.
That doesn't mean that the treaty didn't go to far, and it doesn't mean that it did, but rather that's a fact.
The treaty limited the size of Germany's military and further limited what it could have had. Had that been enforced, a second war could not have happened. Hitler announced to the public in March 1935 his intent to rearm which amounted to a public declaration of a violation of the treaty, something that would have allowed the Allied nations to intervene at that point.
Additionally, and perhaps more significantly, the German reoccupation of the Rhine in March 1936 provided a reason under the treaty for France, whose Army was highly modern and larger than the German's at the time, to intervene. If it had it would have lead to an immediate short war with Germany which Germany would have lost. Indeed, the reconstituted German Army, which had only been rearming for less than a year at that point. In the mid 1930s intervening to stop Germany from rearming would have been frankly unlikely, but intervening to prevent the reoccupation of the Rhineland much less so. It's well known, now, that Germany's military expected France to intervene and they expected to lose. That would have lead to an immediate downfall of the Nazi's. It's not at all clear what would have followed, but it wouldn't have been World War Two.
And if the economic and war guilt clauses were imperfect, and they likely were, the efforts at redrawing the map of Europe, which have received some latter day criticism, were in actuality noble. The warring powers went a long ways towards dismantling the concept of empire even though most of them were in fact empires. Signing the Treaty made it essentially intellectually impossible for the empires in the Allied camp to justify their imperial status outside of Europe, and after World War Two, they'd rapidly cease to be empires. Most people today would regard that as a good thing, and indeed an inevitable one, but the Versailles Treaty made it more or less the official concept of the world. It basically enshrined the nation state and dismantled the Napoleonic world. That's still sorting itself out, but that view is basically the one that most people in the world retain today.
And of course, if nothing else, it officially brought the long war to an end.
It also brings to an end the almost daily updating of this blog with items from exactly a century ago. We'll still post here regularly (probably far too much) and there will be items that hit exactly a century from when they occurred, but we're straying outside of the focus of the blog from this point on, so the very frequent century ago posts, which have been decreasing anyhow, will decrease much further. We hope you have enjoyed them.
And, on the same day:
1919 Van Tassel, in Niobrara County, received the first charter for an American Legion Post in the U.S. The American Legion had only recently been formed, in Paris, by veterans of World War One. The post in the now long gone town was named for Ferdinand Branstetter, a resident of the town who was killed in World War One.
