V. GENERAL ARTICLES…

V. GENERAL ARTICLES

=ARTICLE 280.=--The obligations imposed on Germany by Chapter I. and by Articles 271 and 272 of Chapter II. above shall cease to have effect five years from the date of the coming into force of the present treaty, unless otherwise provided in the text, or unless the Council of the League of Nations shall, at least twelve months before the expiration of that period, decide that these obligations shall be maintained for a further period with or without amendment.

Article 276 of Chapter IV. shall remain in operation, with or without amendment, after the period of five years for such further period, if any, not exceeding five years, as may be determined by a majority of the Council of the League of Nations.

=ARTICLE 281.=--If the German Government engages in international trade, it shall not in respect thereof have or be deemed to have any rights, privileges, or immunities of sovereignty.

SECTION II.--Treaties

=ARTICLE 282.=--From the coming into force of the present treaty and subject to the provisions thereof the multilateral treaties, conventions, and agreements of an economic or technical character enumerated below and in the subsequent articles shall alone be applied as between Germany and those of the Allied and Associated Powers party thereto:

1. Conventions of March 14, 1884; Dec. 1, 1886, and March 23, 1887, and final protocol of July 7, 1887, regarding the protection of submarine cables.

2. Convention of Oct. 11, 1909, regarding the international circulation of motor cars.

3. Agreement of May 15, 1886, regarding the sealing of railway trucks subject to customs inspection, and protocol of May 18, 1907.

4. Agreement of May 15, 1886, regarding the technical standardization of railways.

5. Convention of July 5, 1890, regarding the publication of customs tariffs and the organization of an international union for the publication of customs tariffs.

6. Convention of Dec. 31, 1913, regarding the unification of commercial statistics.

7. Convention of April 25, 1907, regarding the raising of the Turkish customs tariff.

8. Convention of March 14, 1857, for the redemption of toll dues on the Sound and Belts.

9. Convention of June 22, 1861, for the redemption of the Stade Toll on the Elbe.

10. Convention of July 16, 1863, for the redemption of toll dues on the Scheldt.

11. Convention of Oct. 29, 1888, regarding the establishment of a definite arrangement guaranteeing the free use of the Suez Canal.

12. Convention of Sept. 23, 1910, respecting the unification of certain regulations regarding collisions and salvage at sea.

13. Convention of Dec. 21, 1904, regarding the exemption of hospital ships from dues and charges in ports.

14. Convention of Feb. 4, 1898, regarding the tonnage measurement of vessels for inland navigation.

15. Convention of Sept. 26, 1906, for the suppression of nightwork for women.

16. Convention of Sept. 26, 1906, for the suppression of the use of white phosphorus in the manufacture of matches.

17. Conventions of May 18, 1904, and May 4, 1910, regarding the suppression of the white slave traffic.

18. Convention of May 4, 1910, regarding the suppression of obscene publications.

19. Sanitary conventions of January, 1892; April 15, 1893; April 3, 1894; April 19, 1897, and Dec. 3, 1903.

20. Convention of May 20, 1875, regarding the unification and improvement of the metric system.

21. Convention of Nov. 29, 1906, regarding the unification of pharmacopoeial formulae for potent drugs.

22. Convention of Nov. 16 and 19, 1885, regarding the establishment of a concert pitch.

23. Convention of June 7, 1905, regarding the creation of an International Agricultural Institute at Rome.

24. Conventions of Nov. 3, 1881, and April 15, 1889, regarding precautionary measures against phylloxera.

25. Convention of March 19, 1902, regarding the protection of birds useful to agriculture.

26. Convention of June 12, 1902, as to the protection of minors.

=ARTICLE 283.=--From the coming into force of the present treaty the high contracting parties shall apply the conventions and agreements hereinafter mentioned, in so far as concerns them, on condition that the special stipulations contained in this article are fulfilled by Germany.

=Postal Conventions:=

Conventions and agreements of the Universal Postal Union concluded at Vienna, July 4, 1891.

Conventions and agreements of the Postal Union signed at Washington, June 15, 1897.

Conventions and agreements of the Postal Union signed at Rome May 26, 1906.

=Telegraphic Conventions:=

International Telegraphic Conventions signed at St. Petersburg July 10, (22,) 1875.

Regulations and tariffs drawn up by the International Telegraphic Conference, Lisbon, June 11, 1908.

Germany undertakes not to refuse her assent to the conclusion by the new States of the special arrangements referred to in the conventions and agreements relating to the Universal Postal Union and to the International Telegraphic Union, to which the said new States have adhered or may adhere.

=ARTICLE 284.=--From the coming into force of the present treaty the high contracting parties shall apply, in so far as concerns them, the International Radio-Telegraphic Convention of July 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:

1. The conventions of May 6, 1882, and Feb. 1, 1889, regulating the fisheries in the North Sea outside territorial waters.

2. The conventions and protocols of Nov. 16, 1887, Feb. 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; the International Convention of Berne of Sept. 9, 1886, for the protection of literary and artistic works, revised at Berlin on Nov. 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 Rumania.

=ARTICLE 288.=--The special rights and privileges granted to Germany by Article 3 of the convention of Dec. 2, 1899, relating to Samoa shall be considered to have terminated on Aug. 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 recognizes that all the treaties, conventions, or agreements which she has concluded with Austria, Hungary, Bulgaria, or Turkey since Aug. 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 Aug. 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 recognizes 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 Rumania before Aug. 1, 1914, or after that date until the 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 Aug. 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 favors of any kind to Germany or to a German nation, such concessions, privileges, and favors 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 non-belligerent States or their nationals since Aug. 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 Jan. 23, 1912, agree to bring the said convention into force, and for this purpose to enact the necessary legislation without delay and in any case within a period of twelve months from the coming into force of the present treaty.

Furthermore, they agree that ratification of the present treaty should in the case of powers which have not yet ratified the Opium Convention be deemed in all respects equivalent to the ratification of that convention and to the signature of the special protocol which was opened at The Hague in accordance with the resolutions adopted by the Third Opium Conference in 1914 for bringing the said convention into force.

For this purpose the Government of the French Republic will communicate to the Government of the Netherlands a certified copy of the protocol of the deposit of ratifications of the present treaty, and will invite the Government of the Netherlands to accept and deposit the said certified copy as if it were a deposit of ratifications of the Opium Convention and a signature of the additional protocol of 1914.

SECTION III.--Debts.

=ARTICLE 296.=--There shall be settled through the intervention of clearing offices to be established by each of the high contracting parties within three months of the notification referred to in paragraph (e) hereafter the following classes of pecuniary obligations:

1. Debts payable before the war and due by a national of one of the contracting powers, residing within its territory, to a national of an opposing power, residing within its territory.

2. Debts which became payable during the war to nationals of one contracting power residing within its territory and arose out of transactions or contracts with the nationals of an opposing power, resident within its territory, of which the total or partial execution was suspended on account of the declaration of war.

3. Interest which has accrued due before and during the war to a national of one of the contracting powers in respect of securities issued by an opposing power, provided that the payment of interest on such securities to the nationals of that power or to neutrals has not been suspended during the war.

4. Capital sums which have become payable before and during the war to nationals of one of the contracting powers in respect of securities issued by one of the opposing powers, provided that the payment of such capital sums to nationals of that power or to neutrals has not been suspended during the war.

The proceeds of liquidation of enemy property, rights, and interests mentioned in Section IV. and in the annex thereto will be accounted for through the clearing offices, in the currency and at the rate of exchange hereinafter provided in Paragraph (d), and disposed of by them under the conditions provided by the said section and annex.

The settlements provided for in this article shall be effected according to the following principles and in accordance with the annex to this section:

(a) Each of the high contracting parties shall prohibit, as from the coming into force of the present treaty, both the payment and the acceptance of payment of such debts, and also all communications between the interested parties with regard to the settlement of the said debts otherwise than through the clearing offices.

(b) Each of the high contracting parties shall be respectively responsible for the payment of such debts due by its nationals, except in the cases where before the war the debtor was in a state of bankruptcy or failure, or had given formal indication of insolvency or where the debt was due by a company whose business has been liquidated under emergency legislation during the war. Nevertheless, debts due by the inhabitants of territory invaded or occupied by the enemy before the armistice will not be guaranteed by the States of which those territories form part.

(c) The sums due to the nationals of one of the high contracting parties by the nationals of an opposing State will be debited to the clearing office of the country of the debtor, and paid to the creditor by the clearing office of the country of the creditor.

(d) Debts shall be paid or credited in the currency of such one of the Allied and Associated Powers, their colonies or protectorates, or the British Dominions or India, as may be concerned. If the debts are payable in some other currency they shall be paid or credited in the currency of the country concerned, whether an Allied or Associated Power, colony, protectorate, British Dominion, or India, at the pre-war rate of exchange.

For the purpose of this provision the pre-war rate of exchange shall be defined as the average cable transfer rate prevailing in the Allied or Associated country concerned during the month immediately preceding the outbreak of war between the said country concerned and Germany.

If a contract provides for a fixed rate of exchange governing the conversion of the currency in which the debt is stated into the currency of the Allied or Associated country concerned, then the above provisions concerning the rate of exchange shall not apply.

In the case of new States the currency in which and the rate of exchange at which debts shall be paid or credited shall be determined by the Reparation Commission provided for in Part VIII. (Reparation.)

(e) The provisions of this article and of the annex thereto 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 ratifications of the present treaty by the power in question, or of the ratification on behalf of such dominion or of India, notice to that effect is given to Germany by the Government of such Allied or Associated Power or of such Dominion or of India as the case may be.

(f) The Allied and Associated Powers who have adopted this article and the annex hereto may agree between themselves to apply them to their respective nationals established in their territory so far as regards matters between their nationals and German nationals. In this case the payments made by application of this provision will be subject to arrangements between the allied and associated clearing offices concerned.

ANNEX

1. Each of the high contracting parties will, within three months from the notification provided for in Article 296, Paragraph (e), establish a clearing office for the collection and payment of enemy debts.

Local clearing offices may be established for any particular portion of the territories of the high contracting parties. Such local clearing offices may perform all the functions of a central clearing office in their respective districts, except that all transactions with the clearing office in the opposing State must be effected through the central clearing office.

2. In this annex the pecuniary obligations referred to in the first paragraph of Article 296 are described as "enemy debts," the persons from whom the same are due as "enemy debtors," the persons to whom they are due as "enemy creditors," the clearing office in the country of the creditor is called the "Creditor Clearing Office," and the clearing office in the country of the debtor is called the "Debtor Clearing Office."

3. The high contracting parties will subject contraventions of Paragraph (a) of Article 296 to the same penalties as are at present provided by their legislation for trading with the enemy. They will similarly prohibit within their territory all legal process relating to payment of enemy debts, except in accordance with the provisions of this annex.

4. The Government guarantee specified in Paragraph (b) of Article 296 shall take effect whenever, for any reason, a debt shall not be recoverable, except in a case where at the date of the outbreak of war the debt was barred by the laws of prescription in force in the country of the debtor, or where the debtor was at that time in a state of bankruptcy or failure or had given formal indication of insolvency, or where the debt was due by a company whose business has been liquidated under emergency legislation during the war. In such case the procedure specified by this annex shall apply to payment of the dividends.

The terms "bankruptcy" and "failure" refer to the application of legislation providing for such juridical conditions. The expression "formal indication of insolvency" bears the same meaning as it has in English law.

5. Creditors shall give notice to the Creditor Clearing Office within six months of its establishment of debts due to them, and shall furnish the Clearing Office with any documents and information required of them.

The high contracting parties will take all suitable measures to trace and punish collusion between enemy creditors and debtors. The clearing offices will communicate to one another any evidence and information which might help the discovery and punishment of such collusion.

The high contracting parties will facilitate as much as possible postal and telegraphic communication at the expense of the parties concerned and through the intervention of the clearing offices between debtors and creditors desirous of coming to an agreement as to the amount of their debt.

The Creditor Clearing Office will notify the Debtor Clearing Office of all debts declared to it. The Debtor Clearing Office will, in due course, inform the Creditor Clearing Office which debts are admitted and which debts are contested. In the latter case the Debtor Clearing Office will give the grounds for the non-admission of debt.

6. When a debt has been admitted, in whole or in part, the Debtor Clearing Office will at once credit the Creditor Clearing Office with the amount admitted, and at the same time notify it of such credit.

7. The debt shall be deemed to be admitted in full and shall be credited forthwith to the Creditor Clearing Office unless within three months from the receipt of the notification or such longer time as may be agreed to by the Creditor Clearing Office notice has been given by the Debtor Clearing Office that it is not admitted.

8. When the whole or part of a debt is not admitted the two clearing offices will examine into the matter jointly, and will endeavor 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 toward 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 favor of the appellant and in proportion to the success he may attain, his opponent in case of such a refund being required to pay an equivalent proportion of the costs and expenses. Security accepted by the tribunal may be substituted for a deposit.

A fee of 5 per cent. of the amount in dispute shall be charged in respect of all cases brought before the tribunal. This fee shall, unless the tribunal directs otherwise, be borne by the unsuccessful party. Such fee shall be added to the deposit referred to. It is also independent of the security.

The tribunal may award to one of the parties a sum in respect of the expenses of the proceedings.

Any sum payable under this paragraph shall be credited to the clearing office of the successful party as a separate item.

21. With a view to the rapid settlement of claims, due regard shall be paid in the appointment of all persons connected with the clearing offices or with the Mixed Arbitral Tribunal to their knowledge of the language of the other country concerned. Each of the clearing offices will be at liberty to correspond with the other, and to forward documents in its own language.

22. Subject to any special agreement to the contrary between the Governments concerned, debts shall carry interest in accordance with the following provisions:

Interest shall not be payable on sums of money due by way of dividend, interest, or other periodical payments which themselves represent interest on capital.

The rate of interest shall be 5 per cent. per annum except in cases where, by contract, law, or custom, the creditor is entitled to payment of interest at a different rate. In such cases the rate to which he is entitled shall prevail.

Interest shall run from the date of commencement of hostilities (or, if the sum of money to be recovered fell due during the war, from the date at which it fell due) until the sum is credited to the clearing office of the creditor.

Sums due by way of interest shall be treated as debts admitted by the clearing offices and shall be credited to the Creditor Clearing Office in the same way as such debts.

23. Where by decision of the clearing offices or the Mixed Arbitral Tribunal a claim is held not to fall within Article 296, the creditor shall be at liberty to prosecute the claim before the courts or to take such other proceedings as may be open to him.

The presentation of a claim to the clearing office suspends the operation of any period of prescription.

24. The high contracting parties agree to regard the decisions of the Mixed Arbitral Tribunal as final and conclusive, and to render them binding upon their nationals.

25. In any case where a Creditor Clearing Office declines to notify a claim to the Debtor Clearing Office, or to take any step provided for in this annex, intended to make effective in whole or in part a request of which it has received due notice, the enemy creditor shall be entitled to receive from the clearing office a certificate setting out the amount of the claim, and shall then be entitled to prosecute the claim before the courts or to take such other proceedings as may be open to him.

SECTION IV.--Property, Rights, and Interests

=ARTICLE 297.=--The question of private property, rights, and interests in an enemy country shall be settled according to the principles laid down in this section and to the provisions of the annex hereto:

(a) The exceptional war measures and measures of transfer (defined in Paragraph 3 of the annex hereto) taken by Germany with respect to the property, rights, and interests of nationals of Allied or Associated Powers, including companies and associations in which they are interested, when liquidation has not been completed, shall be immediately discontinued or stayed and the property, rights, and interests concerned restored to their owners, who shall enjoy full rights therein in accordance with the provisions of Article 298.

(b) Subject to any contrary stipulations which may be provided for in the present treaty, the Allied and Associated Powers reserve the right to retain and liquidate all property, rights, and interests belonging at the date of the coming into force of the present treaty to German nationals, or companies controlled by them, within their territories, colonies, possessions, and protectorates including territories ceded to them by the present treaty.

The liquidation shall be carried out in accordance with the laws of the Allied or Associated State concerned, and the German owner shall not be able to dispose of such property, rights, or interests nor to subject them to any charge without the consent of that State.

German nationals who acquire ipso facto the nationality of an Allied or Associated Power in accordance with the provisions of the present treaty will not be considered as German nationals within the meaning of this paragraph.

(c) The price of the amount of compensation in respect of the exercise of the right referred to in the preceding Paragraph (b) will be fixed in accordance with the methods of sale or valuation adopted by the laws of the country in which the property has been retained or liquidated.

(d) As between the Allied and Associated Powers or their nationals on the one hand and Germany or her nationals on the other hand, all the exceptional war measures, or measures of transfer, or acts done or to be done in execution of such measures as defined in Paragraphs 1 and 3 of the annex hereto shall be considered as final and binding upon all persons except as regards the reservations laid down in the present treaty.

(e) The nationals of Allied and Associated Powers shall be entitled to compensation in respect of damage or injury inflicted upon their property, rights, or interests including any company or association in which they are interested, in German territory as it existed on Aug. 1, 1914, by the application either of the exceptional war measures or measures of transfer mentioned in Paragraphs 1 and 3 of the annex hereto. The claims made in this respect by such nationals shall be investigated, and the total of the compensation shall be determined by the Mixed Arbitral Tribunal provided for in Section VI, or by an arbitrator appointed by that tribunal. This compensation shall be borne by Germany, and may be charged upon the property of German nationals, within the territory or under the control of the claimant's State. This property may be constituted as a pledge for enemy liabilities under the conditions fixed by Paragraph 4 of the annex hereto. The payment of this compensation may be made by the Allied or Associated State, and the amount will be debited to Germany.

(f) Whenever a national of an Allied or Associated Power is entitled to property which has been subjected to a measure of transfer in German territory and expresses a desire for its restitution, his claim for compensation in accordance with Paragraph (e) 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 incumbrances or burdens with which it may have been charged after the liquidation, and to indemnify all third parties injured by the restitution.

If the restitution provided for in this paragraph cannot be effected, private agreements arranged by the intermediation of the powers concerned or the clearing offices provided for in the Annex to Section III. may be made, in order to secure that the national of the Allied or Associated Power may secure compensation for the injury referred to in Paragraph (e) by the grant of advantages or equivalents which he agrees to accept in place of the property, rights or interests of which he was deprived.

Through restitution in accordance with this article the price or the amount of compensation fixed by the application of Paragraph (e) will be reduced by the actual value of the property restored, account being taken of compensation in respect of loss of use or deterioration.

(g) The rights conferred by Paragraph (f) are reserved to owners who are nationals of Allied or Associated Powers within whose territory legislative measures prescribing the general liquidation of enemy property, rights or interests were not applied before the signature of the armistice.

(h) Except in cases where, by application of Paragraph (f), restitutions in specie have been made, the net proceeds of sales of enemy property, rights or interests wherever situated carried out either by virtue of war legislation, or by application of this article, and in general all cash assets of enemies, shall be dealt with as follows:

(1) As regards powers adopting Section III. and the annex thereto, the said proceeds and cash assets shall be credited to the power of which the owner is a national, through the clearing office established thereunder; any credit balance in favor of Germany resulting therefrom shall be dealt with as provided in Article 243.

(2) As regards powers not adopting Section III. and the annex thereto, the proceeds of the property, rights and interests, and the cash assets, of the nationals or Allied or Associated Powers held by Germany shall be paid immediately to the person entitled thereto or to his Government; the proceeds of the property, rights and interests, and the cash assets, of German nationals received by an Allied or Associated Power shall be subject to disposal by such power in accordance with its laws and regulations and may be applied in payment of the claims and debts defined by this article or Paragraph 4 of the annex hereto. Any property, rights and interests or proceeds thereof or cash assets not used as above provided may be retained by the said Allied or Associated Power and if retained the cash value thereof shall be dealt with as provided in Article 243.

In the case of liquidations effected in new States, which are signatories of the present treaty as Allied and Associated Powers, or in States which are not entitled to share in the reparation payments to be made by Germany, the proceeds of liquidations effected by such States shall, subject to the rights of the Reparation Commission under the present treaty, particularly under Articles 235 and 260, be paid direct to the owner. If on the application of that owner the Mixed Arbitral Tribunal, provided for by Section VI. of this part or an arbitrator appointed by that tribunal, is satisfied that the conditions of the sale or measures taken by the Government of the State in question outside its general legislation were unfairly prejudicial to the price obtained, they shall have discretion to award to the owner equitable compensation to be paid by that State.

(i) Germany undertakes to compensate its nationals in respect of the sale or retention of their property, rights or interests in Allied or Associated States.

(j) The amount of all taxes and imposts upon capital levied or to be levied by Germany on the property, rights, and interests of the nationals of the Allied or Associated Powers from the 11th of November, 1918, until three months from the coming into force of the present treaty, or, in the case of property, rights or interests which have been subjected to exceptional measures of war, until restitution in accordance with the present treaty, shall be restored to the owners.

=ARTICLE 298.=--Germany undertakes, with regard to the property, rights and interests, including companies and associations in which they were interested, restored to nationals of Allied and Associated Powers in accordance with the provisions of Article 297, Paragraph (a) or (f):

(a) to restore and maintain, except as expressly provided in the present treaty, the property, rights, and interests of the nationals of Allied or Associated Powers in the legal position obtaining in respect of the property, rights, and interests of German nationals under the laws in force before the war.

(b) not to subject the property, rights, or interests of the nationals of the Allied or Associated Powers to any measures in derogation of property rights which are not applied equally to the property, rights, and interests of German nationals, and to pay adequate compensation in the event of the application of these measures.

ANNEX

1. In accordance with the provisions of Article 297, Paragraph (d), the validity of vesting orders and of orders for the winding up of businesses or companies, and of any other orders, directions, decisions, or instructions of any court or any department of the Government of any of the high contracting parties made or given, or purporting to be made or given, in pursuance of war legislation with regard to enemy property, rights, and interests is confirmed. The interests of all persons shall be regarded as having been effectively dealt with by any order, direction, decision, or instruction dealing with property in which they may be interested, whether or not such interests are specifically mentioned in the order, direction, decision, or instruction. No question shall be raised as to the regularity of a transfer of any property, rights, or interests dealt with in pursuance of any such order, direction, decision, or instruction. Every action taken with regard to any property, business, or company, whether as regards its investigation, sequestration, compulsory administration, use, requisition, supervision, or winding up, the sale or management of property, rights, or interests, the collection or discharge of debts, the payment of costs, charges or expenses, or any other matter whatsoever, in pursuance of orders, directions, decisions, or instructions of any court or of any department of the Government of any of the high contracting parties, made or given, or purporting to be made or given in pursuance of war legislation with regard to enemy property, rights or interests, is confirmed. Provided that the provisions of this paragraph shall not be held to prejudice the titles to property heretofore acquired in good faith and for value and in accordance with the laws of the country in which the property is situated by nationals of the Allied and Associated Powers.

The provisions of this paragraph do not apply to such of the above-mentioned measures as have been taken by the German authorities in invaded or occupied territory, nor to such of the above mentioned measures as have been taken by Germany or the German authorities since Nov. 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 canceling 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 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, or debts owing to them by nationals of such powers in so far as those claims or debts 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 trade-marks in third countries, or enjoyed the use in common with such company of unique means of reproduction of goods or articles for sale in third countries, the former company shall alone have the right to use these trade-marks in third countries to the exclusion of the 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 to 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 restriction provided in Article 297 will be carried out by order of the German Government or of the authorities which have been substituted for it. Detailed accounts of the action of administrators shall be furnished to the interested persons by the German authorities upon request, which may be made at any time after the coming into force of the present treaty.

9. Until completion of the liquidation provided for by Article 297, Paragraph (b), the property, rights and interests of German nationals will continue to be subject to exceptional war measures that have been or will be taken with regard to them.

10. Germany will within six months from the coming into force of the present treaty, deliver to each Allied or Associated Power all securities, certificates, deeds, or other documents of title held by its nationals and relating to property, rights or interests situated in the territory of that Allied or Associated Power, including any shares, stock, debentures, debenture stock, or other obligations of any company incorporated in accordance with the laws of that power.

Germany will at any time on demand of any Allied or Associated Power furnish such information as may be required with regard to the property, rights, and interests of German nationals within the territory of such Allied or Associated Power, or with regard to any transactions concerning such property, rights or interests effected since July 1, 1914.

11. The expression "cash assets" includes all deposits or funds established before or after the declaration of war, as well as all assets coming from deposits, revenues, or profits collected by administrators, sequestrators, or others from funds placed on deposit or otherwise, but does not include sums belonging to the Allied or Associated Powers or to their component States, provinces, or municipalities.

12. All investments wheresoever effected with the cash assets of nationals of the high contracting parties, including companies and associations in which such nationals were interested, by persons responsible for the administration, of enemy properties or having control over such administration, or by order of such persons or of any authority whatsoever shall be annulled. These cash assets shall be accounted for irrespective of any such investment.

13. Within one month from the coming into force of the present treaty, or on demand at any time, Germany will deliver to the Allied and Associated Powers all accounts, vouchers, records, documents, and information of any kind which may be within German territory, and which concern the property, rights and interests of the nationals of those powers, including companies and associations in which they are interested, that have been subjected to an exceptional war measure, or to a measure of transfer either in German territory or in territory occupied by Germany or her allies.

The controllers, supervisors, managers, administrators, sequestrators, liquidators, and receivers shall be personally responsible under guarantee of the German Government for the immediate delivery in full of these accounts and documents, and for their accuracy.

14. The provisions of Article 297 and this annex relating to property, rights and interests in an enemy country, and the proceeds of the liquidation thereof, apply to debts, credits and accounts, Section III. regulating only the method of payment.

In the settlement of matters provided for in Article 297 between Germany and the Allied or Associated States, their colonies or protectorates, or any one of the British Dominions or India, in respect of any of which a declaration shall not have been made that they adopt Section III., and between their respective nationals, the provisions of Section III. respecting the currency in which payment is to be made and the rate of exchange and of interest shall apply unless the Government of the Allied or Associated Power concerned shall within six months of the coming into force of the present treaty notify Germany that the said provisions are not to be applied.

15. The provisions of Article 297 and this annex apply to industrial, literary, and artistic property which has been or will be dealt with in the liquidation of property, rights, interests, companies, or businesses under war legislation by the Allied or Associated Powers, or in accordance with the stipulations of Article 297, Paragraph (b).

SECTION V.--Contracts, Prescriptions, Judgments

=ARTICLE 299.=--(a) Any contract concluded between enemies shall be regarded as having been dissolved as from the time when any two of the parties become enemies, except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder, and subject to the exceptions and special rules with regard to particular contracts or classes of contracts contained herein or in the annex hereto.

(b) Any contract of which the execution shall be required in the general interest, within six months from the date of the coming into force of the present treaty, by the Allied or Associated Governments of which one of the parties is a national, shall be excepted from dissolution under this article.

When the execution of the contract thus kept alive would, owing to the alteration of trade conditions, cause one of the parties substantial prejudice the Mixed Arbitral Tribunal provided for by Section VI. shall be empowered to grant to the prejudiced party equitable compensation.

(c) Having regard to the provisions of the Constitution and law of the United States of America, of Brazil, and of Japan, neither the present Article, nor Article 300, nor the Annex hereto shall apply to contracts made between nationals of these States and German nationals; nor shall Article 305 apply to the United States of America or its nationals.

(d) The present Article and the Annex hereto shall not apply to contracts the parties to which became enemies by reason of one of them being an inhabitant of territory of which the sovereignty has been transferred, if such party shall acquire under the present Treaty the nationality of an Allied or Associated Power, nor shall they apply to contracts between nationals of the Allied and Associated Powers between whom trading has been prohibited by reason of one of the parties being in allied or associated territory in the occupation of the enemy.

(e) Nothing in the present Article or the Annex hereto shall be deemed to invalidate a transaction lawfully carried out in accordance with a contract between enemies if it has been carried out with the authority of one of the belligerent Powers.

=ARTICLE 300.=--(a) All periods of prescription, or limitation of right of action, whether they began to run before or after the outbreak of war, shall be treated in the territory of the High Contracting Parties, so far as regards relations between enemies, as having been suspended for the duration of the war. They shall begin to run again at earliest three months after the coming into force of the present Treaty. This provision shall apply to the period prescribed for the presentation of interest or dividend coupons or for the presentation for repayment of securities drawn for repayment or repayable on any other ground.

(b) Where, on account of failure to perform any act or comply with any formality during the war, measures of execution have been taken in German territory to the prejudice of a national of an Allied or Associated Power, the claim of such national shall, if the matter does not fall within the competence of the courts of an Allied or Associated Power, be heard by the Mixed Arbitral Tribunal provided for by Section VI.

(c) Upon the application of any interested person who is a national of an Allied or Associated Power, the Mixed Arbitral Tribunal shall order the restoration of the rights which have been prejudiced by the measures of execution referred to in Paragraph (b), wherever, having regard to the particular circumstances of the case, such restoration is equitable and possible.

If such restoration is inequitable or impossible the Mixed Arbitral Tribunal may grant compensation to the prejudiced party to be paid by the German Government.

(d) Where a contract between enemies has been dissolved by reason either of failure on the part of either party to carry out its provisions or of the exercise of a right stipulated in the contract itself the party prejudiced may apply to the Mixed Arbitral Tribunal for relief. The tribunal will have the powers provided for in Paragraph (c).

(e) The provisions of the preceding paragraphs of this article shall apply to the nationals of Allied and Associated Powers who have been prejudiced by reason of measures referred to above taken by Germany in invaded or occupied territory, if they have not been otherwise compensated.

(f) Germany shall compensate any third party who may be prejudiced by any restitution or restoration ordered by the Mixed Arbitral Tribunal under the provisions of the preceding paragraphs of this Article.

(g) As regards negotiable instruments, the period of three months provided under paragraph (a) shall commence as from the date on which any exceptional regulations applied in the territories of the interested power with regard to negotiable instruments shall have definitely ceased to have force.

=ARTICLE 301.=--As between enemies, no negotiable instrument made before the war shall be deemed to have become invalid by reason only of failure within the required time to present the instrument for acceptance or payment or to give notice of non-acceptance or non-payment to drawers or indorsers or to protest the instrument, nor by reason of failure to complete any formality during the war.

Where the period within which a negotiable instrument should have been presented for acceptance or for payment, or within which notice of non-acceptance or non-payment should have been given to the drawer or indorser within which the instrument should have been protested, has elapsed during the war, and the party who should have presented or protested the instrument or have given notice of non-acceptance or non-payment has failed to do so during the war, a period of not less than three months from the coming into force of the present treaty shall be allowed within which presentation, notice of non-acceptance or non-payment or protest may be made.

=ARTICLE 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 recognized in Germany as final, and shall be enforced without it being necessary to have them declared executory.

If a judgment in respect of 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 defense, the allied and associated national who has suffered prejudice thereby shall be entitled to recover compensation, to be fixed by the Mixed Arbitral Tribunal provided for in Section VI.

At the instance of the national of the Allied or Associated Power the compensation above mentioned may, upon order to that effect of the Mixed Arbitral Tribunal, be effected where it is possible by replacing the parties in the situation which they occupied before the judgment was given by the German court.

The above compensation may likewise be obtained before the Mixed Arbitral Tribunal by the nationals of Allied or Associated Powers who have suffered prejudice by judicial measures taken in invaded or occupied territories, if they have not been otherwise compensated.

=ARTICLE 303.=--For the purpose of Sections III., IV., V., and VII., the expression "during the war" means for each Allied or Associated Power the period between the commencement of the state of war between that power and Germany and the coming into force of the present treaty.

ANNEX

I. General Provisions

1. Within the meaning of Articles 299, 300 and 301, the parties to a contract shall be regarded as enemies when trading between them shall have been prohibited by or otherwise became unlawful under laws, orders or regulations to which one of those parties was subject. They shall be deemed to have become enemies from the date when such trading was prohibited or otherwise became unlawful.

2. The following classes of contracts are excepted from dissolution by Article 299 and, without prejudice to the rights contained in Article 297 (b) of Section IV., remain in force subject to the application of domestic laws, orders or regulations made during the war by the Allied and Associated Powers and subject to the terms of the contracts:

(a) Contracts having for their object the transfer of estates or of real or personal property where the property therein had passed or the object had been delivered before the parties became enemies;

(b) Leases and agreements for leases of land and houses;

(c) Contracts of mortgage, pledge, or lien;

(d) Concessions concerning mines, quarries or deposits;

(e) Contracts between individuals or companies and States, provinces, municipalities, or other similar juridical persons charged with administrative functions, and concessions granted by States, provinces, municipalities, or other similar juridical persons charged with administrative functions.

3. If the provisions of a contract are in part dissolved under Article 299, the remaining provisions of that contract shall, subject to the same application of domestic laws as is provided for in Paragraph 2, continue in force if they are severable, but where they are not severable the contract shall be deemed to have been dissolved in its entirety.

II. Provisions Relating to Certain Classes of Contracts

Stock Exchange and Commercial Exchange Contracts

4. (a) Rules made during the war by any recognized exchange of 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:--

(i.) That the contract was expressed to be made subject to the rules of the exchange or association in question;

(ii.) That the rules applied to all persons concerned;

(iii.) 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 exchange or commercial associations in the districts occupied by the enemy.

(c) The closure of contracts relating to cotton "futures," which were closed as on the 31st July, 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 recognized 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 of five per cent. per annum from the date of its becoming due up to the day of payment.

Where the contract has lapsed during the war owing to non-payment of premiums, or has become void from breach of the conditions of the contract, the assured or his representatives or the persons entitled shall have the right at any time within twelve months of the coming into force of the present treaty to claim from the insurer the surrender value of the policy at the date of its lapse or avoidance.

Where the contract has lapsed during the war owing to non-payment of premiums the payment of which has been prevented by the enforcement of measures of war, the assured or his representative or the persons entitled shall have the right to restore the contract on payment of the premiums with interest at five per cent. per annum within three months from the coming into effect 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 canceled 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 non-payment of premiums until notice is given to the insured of the termination of the contract, he shall be entitled where the giving of such notice was prevented by the war to recover the unpaid premiums with interest at five per cent. per annum from the insured.

15. Insurance contracts shall be considered as contracts of life 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 risk 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 re-insurers.

23. In case of a re-insurance effected before the war of a contract of marine insurance the cession of a risk which had been ceded to the re-insurer shall, if it had attached before the outbreak of war, remain valid and effect be given to the contract notwithstanding the outbreak of war; sums due under the contract of re-insurance in respect either of premiums or of losses shall be recoverable after the war.

24. The provisions of Paragraphs 17 and 18 and the last part of Paragraph 16 shall apply to contracts for the re-insurance of marine risks.

SECTION VI.--Mixed Arbitral Tribunal

=ARTICLE 304.=--(a) Within three months from the date of the coming into force of the present treaty, a Mixed Arbitral Tribunal shall be established between each of the Allied and Associated Powers on the one hand and Germany on the other hand. Each such tribunal shall consist of three members. Each of the Governments concerned shall appoint one of these members. The President shall be chosen by agreement between the two Governments concerned.

In case of failure to reach agreement, the President of the tribunal and two other persons either of whom may in case of need take his place, shall be chosen by the Council of the League of Nations, or, until this is set up, by M. Gustave Ador if he is willing. These persons shall be nationals of Powers that have remained neutral during the war.

If any Government does not proceed within a period of one month in case there is a vacancy to appoint a member of the tribunal, such member shall be chosen by the other Government from the two persons mentioned above other than the President.

The decision of the majority of the members of the tribunal shall be the decision of the tribunal.

(b) The Mixed Arbitral Tribunals established pursuant to Paragraph (a) shall decide all questions within their competence under Sections III., IV., V., and VII.

In addition, all questions, whatsoever their nature, relating to contracts concluded before the coming into force of the present treaty between nationals of the Allied and Associated Powers and German nationals shall be decided by the Mixed Arbitral Tribunal, always excepting questions which, under the laws of the Allied, Associated or neutral powers, are within the jurisdiction of the national courts of those powers. Such questions shall be decided by the national courts in question, to the exclusion of the Mixed Arbitral Tribunal. The party who is a national of an Allied or Associated Power may nevertheless bring the case before the Mixed Arbitral Tribunal if this is not prohibited by the laws of his country.

(c) If the number of cases justifies it, additional members shall be appointed and each Mixed Arbitral Tribunal shall sit in divisions. Each of these divisions will be constituted as above.

(d) Each Mixed Arbitral Tribunal will settle its own procedure except in so far as it is provided in the following Annex, and is empowered to award the sums to be paid by the loser in respect of the costs and expenses of the proceedings.

(e) Each Government will pay the remuneration of the member of the Mixed Arbitral Tribunal appointed by it and of any agent whom it may appoint to represent it before the Tribunal. The remuneration of the President will be determined by special agreement between the Governments concerned, and this remuneration and the joint expenses of each tribunal will be paid by the two Governments in equal moieties.

(f) The high contracting parties agree that their courts and authorities shall render to the Mixed Arbitral Tribunal direct all the assistance in their power, particularly as regards transmitting notices and collecting evidence.

(g) The high contracting parties agree to regard the decisions of the Mixed Arbitral Tribunal as final and conclusive, and to render them binding upon their nationals.

ANNEX

1. Should one of the members of the Tribunal either die, retire, or be unable for any reason whatever to discharge his functions, the same procedure will be followed for filling the vacancy as was followed for appointing him.

2. The tribunal may adopt such rules of procedure as shall be in accordance with justice and equity and decide the order and time at which each party must conclude its arguments, and may arrange all formalities required for dealing with the evidence.

3. The agent and counsel of the parties on each side are authorized to present orally and in writing to the tribunal arguments in support or in defense 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 favor 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 recognized and established in favor of those persons who would have been entitled thereto, from the coming into force of the present treaty.

Nevertheless, all acts done by virtue of the special measures taken during the war under legislative, executive or administrative authority of any Allied or Associated Power in regard to the rights of German nationals in industrial, literary or artistic property shall remain in force and shall continue to maintain their full effect.

No claim shall be made or action brought by Germany or German nationals in respect of the use during the war by the Government of any Allied or Associated Power, or by any persons acting on behalf or with the assent of such Government of any rights in industrial, literary or artistic property, nor in respect of the sale, offering for sale, or use of any products, articles, or apparatus whatsoever to which such rights applied.

Unless the legislation of any one of the Allied or Associated Powers in force at the moment of the signature of the present treaty otherwise directs, sums due or paid in virtue of any act or operation resulting from the execution of the special measures mentioned in Paragraph 1 of this article shall be dealt with in the same way as other sums due to German nationals are directed to be dealt with by the present treaty; and sums produced by any special measures taken by the German Government in respect of rights in industrial, literary or artistic property belonging to the nationals of the Allied or Associated Powers shall be considered and treated in the same way as other debts due from German nationals.

Each of the Allied and Associated Powers reserves to itself the right to impose such limitations, conditions or restrictions on rights of industrial, literary or artistic property (with the exception of trade-marks) acquired before or during the war, or which may be subsequently acquired in accordance with its legislation, by German nationals, whether by granting licenses, or by the working, or by preserving control over their exploitation, or in any other way as may be considered necessary for national defense 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 fulfillment 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 defense or in the public interest.

In the event of the application of the provisions of the preceding paragraph by any of the Allied or Associated Powers, 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 Aug. 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, fulfill 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 the 1st of August, 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, fulfill 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 licenses 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 the 1st August, 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 the 1st of August, 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 IV. of the International Convention for the Protection of Industrial Property of Paris, of the 20th March, 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 the 1st August, 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 favor 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 or 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 canceled as from the date of the declaration of war between Germany and the Allied or Associated Powers. 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 recognized 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 organizations 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 Labor 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 and the other Government concerned.

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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 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 observation 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 Allied and Associated Countries.

=ARTICLE 317.=--Certificates of nationality, airworthiness, or competency, and licenses, issued or recognized as valid by any of the Allied or Associated Powers, shall be recognized in Germany as valid and as equivalent to the certificates and licenses issued by Germany.

=ARTICLE 318.=--As regards internal commercial air traffic, the aircraft of the Allied and Associated Powers shall enjoy in Germany most favored nation treatment.

=ARTICLE 319.=--Germany undertakes to enforce the necessary measures to insure 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 neighborhood 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 the 1st January, 1923, unless before that date Germany shall have been admitted into the League of Nations or shall have been authorized, by consent of the Allied and Associated Powers, to adhere to the convention relative to aerial navigation concluded between those powers.

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XII. Ports, Waterways, and Railways

SECTION I.--General Provisions

=ARTICLE 321.=--Germany undertakes to grant freedom of transit through her territories on the routes most convenient for international transit, either by rail, navigable waterway, or canal, to persons, goods, vessels, carriages, wagons, and mails coming from or going to the territories of any of the Allied and Associated Powers (whether contiguous or not); for this purpose the crossing of territorial waters shall be allowed. Such persons, goods, vessels, carriages, wagons, and mails shall not be subjected to any transit duty or to any undue delays or restrictions, and shall be entitled in Germany to national treatment as regards charges, facilities, and all other matters.

Goods in transit shall be exempt from all customs or other similar duties.

All charges imposed on transport in transit shall be reasonable, having regard to the conditions of the traffic. No charge, facility, or restriction shall depend directly or indirectly on the ownership or on the nationality of the ship or other means of transport on which any part of the through journey has been, or is to be, accomplished.

=ARTICLE 322.=--Germany undertakes neither to impose nor to maintain any control over transmigration traffic through her territories beyond measures necessary to insure that passengers are bona fide in transit; nor to allow any shipping company or any other private body, corporation, or person interested in the traffic to take any part whatever in, or to exercise any direct or indirect influence over, any administrative service that may be necessary for this purpose.

=ARTICLE 323.=--Germany undertakes to make no discrimination or preference, direct or indirect, in the duties, charges, and prohibitions relating to importations into or exportations from her territories, or, subject to the special engagements contained in the present treaty, in the charges and conditions of transport of goods or persons entering or leaving her territories, based on the frontier crossed; or on the kind, ownership, or flag of the means of transport (including aircraft) employed; or on the original or immediate place of departure of the vessel, wagon, or aircraft or other means of transport employed, or its ultimate or intermediate destination; or on the route of or places of transshipment 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 of vessels, or by those of another power, for example by means of combined tariffs. She further undertakes that persons or goods passing through a port or using a vessel of any of the Allied and Associated Powers shall not be subjected to any formality or delay whatever to which such persons or goods would not be subjected if they passed through a German port or a port of any other power, or used a German vessel or a vessel of any other power.

=ARTICLE 324.=--All necessary administrative and technical measures shall be taken to shorten, as much as possible, the transmission of goods across the German frontiers and to insure their forwarding and transport from such frontiers, irrespective of whether such goods are coming from or going to the territories of the Allied and Associated Powers or are in transit from or to those territories, under the same material conditions in such matters as rapidity of carriage and care en route as are enjoyed by other goods of the same kind carried on German territory under similar conditions of transport.

In particular, the transport of perishable goods shall be promptly and regularly carried out, and the customs formalities shall be effected in such a way as to allow the goods to be carried straight through by trains which make connection.

=ARTICLE 325.=--The seaports of the Allied and Associated Powers are entitled to all favors and to all reduced tariffs granted on German railways or navigable waterways for the benefit of German ports or of any port of another power.

=ARTICLE 326.=--Germany may not refuse to participate in the tariffs or combinations of tariffs intended to secure for ports of any of the Allied and Associated Powers advantages similar to those granted by Germany to her own ports or the ports of any other power.

SECTION II.--Navigation

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I. FREEDOM OF NAVIGATION

=ARTICLE 327.=--The nationals of any of the Allied and Associated Powers as well as their vessels and property shall enjoy in all German ports and in 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 harbor facilities and charges of every description, including facilities for stationing, loading and unloading, and duties and charges of tonnage, harbor, pilotage, lighthouse, quarantine, and all analogous duties and charges of whatsoever nature, levied in the name of or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind.

In the event of Germany granting a preferential régime to any of the Allied or Associated Powers or to any other foreign power, this régime 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.

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II. FREE ZONES IN PORTS

=ARTICLE 328.=--The free zones existing in German ports on the 1st August, 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 régime provided for in the following articles.

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 per mille ad valorem, and which shall be devoted exclusively to defraying the expenses of compiling statements of the traffic in the port.

=ARTICLE 329.=--The facilities granted for the erection of warehouses, for packing and for unpacking goods, shall be in accordance with trade requirements for the time being. All goods allowed to be consumed in the free zone shall be exempt from duty, whether of excise or of any other description, apart from the statistical duty provided for in Article 328 above.

There shall be no discrimination in regard to any of the provisions of the present article between persons belonging to different nationalities or between goods of different origin or destination.

=ARTICLE 330.=--Import duties may be levied on goods leaving the free zone for consumption in the country on the territory of which the port is situated. Conversely, export duties may be levied on goods coming from such country and brought into the free zone. These import and export duties shall be levied on the same basis and at the same rates as similar duties levied at the other customs frontiers of the country concerned. On the other hand, Germany shall not levy, under any denomination, any import, export, or transit duty on goods carried by land or water across her territory to or from the free zone from or to any other State.

Germany shall draw up the necessary regulations to secure and guarantee such freedom of transit over such railways and waterways in her territory as normally give access to the free zone.

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III. CLAUSES RELATING TO THE ELBE, THE ODER, THE NIEMEN (RUSSTROM-MEMEL-NIEMEN), AND THE DANUBE

(I)--General Clauses

=ARTICLE 331.=--The following rivers are declared international:

The Elbe (Labe) from its confluence with the Vitava (Moldau) and the Vitava (Moldau) from Prague; the Oder (Odra) from its confluence with the Oppa; the Niemen (Russtrom-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 system, or to connect two naturally navigable sections of the same river.

The same shall apply to the Rhine-Danube navigable waterway, should such a waterway be constructed under the conditions laid down in Article 353.

=ARTICLE 332.=--On the waterways declared to be international in the preceding article, the nationals, property and flags of all powers shall be treated on a footing of perfect equality, no distinction being made to the detriment of the nationals, property or flag of any power between them and the nationals, property or flag of the riparian State itself or of the most favored nation.

Nevertheless, German vessels shall not be entitled to carry passengers or goods by regular services between the ports of any Allied or Associated Power, without special authority from such power.

=ARTICLE 333.=--Where such charges are not precluded by any existing conventions, charges varying on different sections of a river may be levied on vessels using the navigable channels or their approaches, provided that they are intended solely to cover equitably the cost of maintaining in a navigable condition, or of improving, the river and its approaches, or to meet expenditure incurred in the interests of navigation. The schedule of such charges shall be calculated on the basis of such expenditure and shall be posted up in the ports. These charges shall be levied in such a manner as to render any detailed examination of cargoes unnecessary, except in cases of suspected fraud or contravention.

=ARTICLE 334.=--The transit of vessels, passengers, and goods on these waterways shall be effected in accordance with the general conditions prescribed for transit in Section I., above.

When the two banks of an international river are within the same State, goods in transit may be placed under seal or in the custody of customs agents. When the river forms a frontier, goods and passengers in transit shall be exempt from all customs formalities; the loading and unloading of goods, and the embarkation and disembarkation of passengers, shall only take place in the ports specified by the riparian State.

=ARTICLE 335.=--No dues of any kind other than those provided for in the present part shall be levied along the course or at the mouth of these rivers.

This provision shall not prevent the fixing by the riparian States of customs, local octroi, or consumption duties, or the creation of reasonable and uniform charges levied in the ports, in accordance with public tariffs, for the use of cranes, elevators, quays, warehouses, &c.

=ARTICLE 336.=--In default of any special organization 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 insure the maintenance of good conditions of navigation.

If a State neglects to comply with this obligation any riparian State, or any State represented on the International Commission, if there is one, may appeal to the tribunal instituted for this purpose by the League of Nations.

=ARTICLE 337.=--The same procedure shall be followed in the case of a riparian State undertaking any works of a nature to impede navigation in the international section. The tribunal mentioned in the preceding article shall be entitled to enforce the suspension or suppression of such works, making due allowance in its decisions for all rights in connection with irrigation, waterpower, 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 be one, shall be given priority over the requirements of navigation.

Appeal to the tribunal of the League of Nations does not require the suspension of the works.

=ARTICLE 338.=--The régime 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 recognized 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 (Russtrom-Memel-Niemen), and the Danube, and such other parts of these river systems as may be covered by a general definition.

Germany undertakes, in accordance with the provisions of Article 379, to adhere to the said General Convention as well as to all projects prepared in accordance with Article 343 below for the revision of existing international agreements and regulations.

=ARTICLE 339.=--Germany shall cede to the Allied and Associated Powers concerned, within a maximum period of three months from the date on which notification shall be given her, a proportion of the tugs and vessels remaining registered in the ports of the river systems referred to in Article 331 after the deduction of those surrendered by way of restitution or reparation. Germany shall in the same way cede material of all kinds necessary to the Allied and Associated Powers concerned for the utilization 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 (Russtrom-Memel-Niemen)

=ARTICLE 340.=--The Elbe (Labe) shall be placed under the administration of an International Commission which shall comprise:

4 representatives of the German States bordering on the river; 2 representatives of the Czechoslovak State; 1 representative of Great Britain; 1 representative of France; 1 representative of Italy; 1 representative of Belgium;

Whatever be the number of members present, each delegation shall have the right to record a number of votes equal to the number of representatives allotted to it.

If certain of these representatives cannot be appointed at the time of the coming into force of the present treaty, the decisions of the commission shall nevertheless be valid.

=ARTICLE 341.=--The Oder (Odra) shall be placed under the administration of an International Commission, which shall comprise:

1 representative of Poland; 3 representatives of Prussia; 1 representative of the Czechoslovak State; 1 representative of Great Britain; 1 representative of France; 1 representative of Denmark; 1 representative of Sweden.

If certain of these representatives cannot be appointed at the time of the coming into force of the present treaty, the decisions of the commission shall nevertheless be valid.

=ARTICLE 342.=--On a request being made to the League of Nations by any riparian State, the Niemen (Russtrom-Memel-Niemen) shall be placed under the administration of an International Commission, which shall comprise one representative of each riparian State, and three representatives of other States specified by the League of Nations.

=ARTICLE 343.=--The International Commissions referred to in Articles 340 and 341 shall meet within three months of the date of the coming into force of the present treaty, The International Commission referred to in Article 342 shall meet within three months from the date of the request made by a riparian State. Each of these commissions shall proceed immediately to prepare a project for the revision of the existing international agreements and regulations, drawn up in conformity with the General Convention referred to in Article 338, should such convention have been already concluded. In the absence of such convention, the project for revision shall be in conformity with the principles of Articles 332 to 337, above.

=ARTICLE 344.=--The projects referred to in the preceding article shall, inter alia:

(a) Designate the headquarters of the International Commission, and prescribe the manner in which its President is to be nominated;

(b) Specify the extent of the commission's powers, particularly in regard to the execution of works of maintenance, control, and improvement on the river system, the financial régime the fixing and collection of charges, and regulations for navigation;

(c) Define the sections of the river or its tributaries to which the international régime shall be applied.

=ARTICLE 345.=--The international agreements and regulations at present governing the navigation of the Elbe (Labe), the Oder (Odra), and the Niemen (Russtrom-Memel-Niemen) shall be provisionally maintained in force until the ratification of the above-mentioned projects. Nevertheless, in all cases where such agreements and regulations in force are in conflict with the provisions of Articles 332 to 337 above, or of the General Convention to be concluded, the latter provisions shall prevail.

(3) Special Clauses Relating to the Danube

=ARTICLE 346.=--The European Commission of the Danube reassumes the powers it possessed before the war. Nevertheless, as a provisional measure, only representatives of Great Britain, France, Italy, and Rumania shall constitute this commission.

=ARTICLE 347.=--From the point where the competence of the European Commission ceases, the Danube system referred to in Article 331 shall be placed under the administration of an international commission composed as follows:

2 representatives of German riparian States;

1 representative of each other riparian State;

1 representative of each non-riparian State represented in the future on the European Commission of the Danube.

If certain of these representatives cannot be appointed at the time of the coming into force of the present treaty, the decisions of the commission shall nevertheless be valid.

=ARTICLE 348.=--The International Commission provided for in the preceding article shall meet as soon as possible after the coming into force of the present treaty, and shall undertake provisionally the administration of the river in conformity with the provisions of Articles 332 to 337, until such time as a definitive statute regarding the Danube is concluded by the powers nominated by the Allied and Associated Powers.

=ARTICLE 349.=--Germany agrees to accept the régime which shall be laid down for the Danube by a conference of the powers nominated by the Allied and Associated Powers, which shall meet within one year after the coming into force of the present treaty, and at which German representatives may be present.

=ARTICLE 350.=--The mandate given by Article 57 of the Treaty of Berlin of the 13th July, 1878, to Austria-Hungary, and transferred by her to Hungary, to carry out works at the Iron Gates, is abrogated. The commission intrusted with the administration of this part of the river shall lay down provisions for the settlement of accounts subject to the financial provisions of the present treaty. Charges which may be necessary shall in no case be levied by Hungary.

=ARTICLE 351.=--Should the Czechoslovak State, the Serb-Croat-Slovene State, or Rumania, with the authorization of or under mandate from the International Commission undertake maintenance, improvement, weir or other works on a part of the river system which forms a frontier, these States shall enjoy on the opposite bank, and also on the part of the bed which is outside their territory, all necessary facilities for the survey, execution and maintenance of such works.

=ARTICLE 352.=--Germany shall be obliged to make to the European Commission of the Danube all restitutions, reparations, and indemnities for damages inflicted on the commission during the war.

=ARTICLE 353.=--Should a deep-draught Rhine-Danube navigable waterway be constructed, Germany undertakes to apply thereto the régime prescribed in Articles 332 to 338.

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IV. CLAUSES RELATING TO THE RHINE AND THE MOSELLE

=ARTICLES 354.=--As from the coming into force of the present treaty, the Convention of Mannheim of 17th October, 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 provisions of the said Convention being in conflict with those laid down by the General Convention referred to in Article 338 (which shall apply to the Rhine), the provisions of the General Convention shall prevail.

Within a maximum period of six months from the coming into force of the present treaty, the Central Commission referred to in Article 355 shall meet to draw up a project of revision of the Convention of Mannheim. This project shall be drawn up in harmony with the provisions of the General Convention referred to above, should this have been concluded by that time, and shall be submitted to the powers represented on the Central Commission. Germany hereby agrees to adhere to the project so drawn up.

Further, the modifications set out in the following articles shall immediately be made in the Convention of Mannheim.

The Allied and Associated Powers reserve to themselves the right to arrive at an understanding in this connection with Holland, and Germany hereby agrees to accede if required to any such understanding.

=ARTICLE 355.=--The Central Commission provided for in the Convention of Mannheim shall consist of nineteen members, viz.:

Two representatives of the Netherlands;

Two representatives of Switzerland;

Four representatives of German riparian States;

Four representatives of France, which in addition shall appoint the President of the Commission;

Two representatives of Great Britain;

Two representatives of Italy;

Two representatives of Belgium.

The headquarters of the Central Commission shall be at Strasbourg.

Whatever be the number of members present, each delegation shall have the right to record a number of votes equal to the number of representatives allotted to it.

If certain of these representatives cannot be appointed at the time of the coming into force of the present treaty, the decisions of the Commission shall nevertheless be valid.

=ARTICLE 356.=--Vessels of all nations, and their cargoes, shall have the same rights and privileges as those which are granted to vessels belonging to the Rhine navigation, and to their cargoes.

None of the provisions contained in Articles 15 to 20 and 26 of the above-mentioned Convention of Mannheim, in Article 4 of the Final Protocol thereof, or in later Conventions, shall impede the free navigation of vessels and crews of all nations on the Rhine and on waterways to which such Conventions apply, subject to compliance with the regulations concerning pilotage and other police measures drawn up by the Central Commission.

The provisions of Article 22 of the Convention of Mannheim and of Article 5 of the Final Protocol thereof shall be applied only to vessels registered on the Rhine. The Central Commission shall decide on the steps to be taken to insure that other vessels satisfy the conditions of the general regulations applying to navigation on the Rhine.

=ARTICLE 357.=--Within a maximum period of three months from the date on which notification shall be given Germany shall cede to France tugs and vessels, from among those remaining registered in German Rhine ports after the deduction of those surrendered by way of restitution or reparation, or shares in German Rhine navigation companies.

When vessels and tugs are ceded, such vessels and tugs, together with their fittings and gear, shall be in good state of repair, shall be in condition to carry on commercial traffic on the Rhine, and shall be selected from among those most recently built.

The same procedure shall be followed in the matter of the cession by Germany to France of--

(1) the installations, berthing, and anchorage accommodation, platforms, docks, warehouses, plant, &c., which German subjects or German companies owned on the 1st August, 1914, in the port of Rotterdam, and

(2) the shares or interests which Germany or German nationals possessed in such installations at the same date.

The amount and specifications of such cessions shall be determined within one year of the coming into force of the present treaty by an arbitrator or arbitrators appointed by the United States of America, due regard being had to the legitimate needs of the parties concerned.

The cessions provided for in the present article shall entail a credit of which the total amount, settled in a lump sum by the arbitrator, or arbitrators mentioned above, shall not in any case exceed the value of the capital expended in the initial establishment of the ceded material and installations, and shall be set off against the total sums due from Germany; in consequence, the indemnification of the proprietors shall be a matter for Germany to deal with.

=ARTICLE 358.=--Subject to the obligation to comply with the provisions of the Convention of Mannheim or of the convention which may be substituted therefor, and to the stipulations of the present treaty, France shall have on the whole course of the Rhine included between the two extreme points of the French frontiers--

(a) the right to take water from the Rhine to feed navigation and irrigation canals (constructed or to be constructed) or for any other purpose, and to execute on the German bank all works necessary for the exercise of this right;

(b) the exclusive right to the power derived from works of regulation on the river, subject to the payment to Germany of the value of half the power actually produced, this payment, which will take into account the cost of the works necessary for producing the power, being made either in money or in power and in default of agreement being determined by arbitration. For this purpose France alone shall have the right to carry out in this part of the river all works of regulation (weirs or other works) which she may consider necessary for the production of power. Similarly, the right of taking water from the Rhine is accorded to Belgium to feed the Rhine-Meuse navigable waterway provided for below.

The exercise of the rights mentioned under (a) and (b) of the present article shall not interfere with navigability nor reduce the facilities for navigation, either in the bed of the Rhine or in the derivations which may be substituted therefor, nor shall it involve any increase in the tolls formerly levied under the convention in force. All proposed schemes shall be laid before the Central Commission in order that the commission may assure itself that these conditions are complied with.

To insure the proper and faithful execution of the provisions contained in (a) and (b) above, Germany:

(i) 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;

(ii) recognizes 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;

(iii) shall hand over to the French Government, during the month following the coming into force of the present treaty, all projects, designs, drafts of concessions and of specifications concerning the regulation of the Rhine for any purpose whatever which have been drawn up or received by the Governments of Alsace-Lorraine or of the Grand Duchy of Baden.

=ARTICLE 359.=--Subject to the preceding provisions, no works shall be carried out in the bed or on either bank of the Rhine where it forms the boundary of France and Germany without the previous approval of the Central Commission or of its agents.

=ARTICLE 360.=--France reserves the option of substituting herself as regards the rights and obligations resulting from agreements arrived at between the Government of Alsace-Lorraine and the Grand Duchy of Baden concerning the works to be carried out on the Rhine; she may also denounce such agreements within a term of five years dating from the coming into force of the present treaty.

France shall also have the option of causing works to be carried out which may be recognized 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 régime as the Rhine itself, and the division of the cost of initial construction, including the above indemnities, among the States crossed thereby shall be made by the Central Commission.

=ARTICLE 362.=--Germany hereby agrees to offer no objection to any proposals of the Central Rhine Commission for extending its jurisdiction:

(1) to the Moselle below the Franco-Luxemburg frontier down to the Rhine, subject to the consent of Luxemburg;

(2) to the Rhine above Basle up to the Lake of Constance, subject to the consent of Switzerland;

(3) to the lateral canals and channels which may be established either to duplicate or to improve naturally navigable sections of the Rhine or the Moselle, or to connect two naturally navigable sections of these rivers, and also any other parts of the Rhine River system which may be covered by the General Convention provided for in Article 338 above.

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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 Czechoslovak State, for a period of ninety-nine years, areas which shall be placed under the general régime 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 utilization, including the amount of the rental, shall be decided by a commission consisting of one delegate of Germany, one delegate of the Czechoslovak 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

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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 favorable 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 the 14th of October, 1890, the 20th September, 1893, the 16th July, 1895, the 16th June, 1898, and the 19th September, 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 the 14th October, 1890, and the subsequent additions referred to above, this new convention and the supplementary provisions for international transport by rail which may be based on it shall bind 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 insure 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 favorable 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.

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II. ROLLING STOCK

=ARTICLE 370.=--Germany undertakes that German wagons shall be fitted with apparatus allowing:

(1) of their inclusion in goods trains on the lines such of the Allied and Associated Powers as are parties to the Berne Convention of May 15, 1886, as modified on May 18, 1907, without hampering the action of the continuous brake which may be adopted in such countries within ten years of the coming into force of the present treaty, and

(2) of the acceptance of wagons of such countries in all goods trains on the German lines.

The rolling stock of the Allied and Associated Powers shall enjoy on the German lines the same treatment as German rolling stock as regards movement, upkeep and repairs.

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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 concessionaires and the pensioning of the personnel, the cession of railways will take place under the following conditions:

1. The works and installations of all the railroads shall be handed over complete and in good condition.

2. When a railway system possessing its own rolling-stock is handed over in its entirety by Germany to one of the Allied and Associated Powers, such stock shall be handed over complete, in accordance with the last inventory before November 11th, 1918, and in a normal state of upkeep.

3. As regards lines without any special rolling-stock, commissions of experts designated by the Allied and Associated Powers, on which Germany shall be represented, shall fix the proportion of the stock existing on the system to which those lines belong to be handed over. These commissions shall have regard to the remount of material registered on these lines in the last inventory before November 11th, 1918, the length of track (sidings included), and the nature and amount of 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 insure their repair in German workshops.

4. Stocks of stores, fittings and plant shall be handed over under the same conditions as the rolling-stock.

The provisions of paragraphs 3 and 4 above shall be applied to the lines of former Russian Poland converted by Germany to the German gauge, such lines being regarded as detached from the Prussian State System.

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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 Czechoslovak 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 Czechoslovak 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 the 13th October, 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.

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V. TRANSITORY PROVISIONS

=ARTICLE 375.=--Germany shall carry out the instructions given her, in regard to transport, by an authorized body acting on behalf of the Allied and Associated Powers:

1. For the carriage of troops under the provisions of the present treaty, and of material, ammunition and supplies for army use.

2. As a temporary measure, for the transportation of supplies for certain regions, as well as for the restoration, as rapidly as possible, of the normal conditions of transport, and for the organization 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 articles 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 régime.

=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 régime 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 to 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 favored nations.

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 if improving, the canal or its approaches, or to meet expenses incurred in the interests of navigation. The schedule of such charged 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 charge 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 insure 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 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.

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XIII. Labor

SECTION I.--Organization of Labor

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 labor 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 imperiled; and an improvement of those conditions is urgently required: as, for example, by the regulations of the hours of work, including the establishment of a maximum working day and week, the regulation of the labor 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 the 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 organization of vocational and technical education, and other measures:

Whereas also the failure of any nation to adopt humane conditions of labor 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.

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I. ORGANIZATION

=ARTICLE 387.=--A permanent organization 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 organization, and hereafter membership of the League of Nations shall carry with it membership of the said organization.

=ARTICLE 388.=--The permanent organization shall consist of:

(i) a General Conference of Representatives of the Members, and,

(ii) an International Labor 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 organizations, if such organizations 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 special authorization 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 Labor 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 non-Government delegates whom it is entitled to nominate, the other non-Government delegates 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 Labor Office shall be established at the seat of the League of Nations as part of the organization of the League.

=ARTICLE 393.=--The International Labor 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 Labor 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 Labor 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 Labor 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 Labor Office shall be appointed by the Director, who shall, as 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 Labor Office shall include the collection and distribution of information on all subjects relating to the international adjustment of conditions of industrial life and labor, 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 Labor Office, or, failing any such representative, through such other qualified official as the Government may nominate for the purpose.

=ARTICLE 398.=--The International Labor 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 traveling 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 Labor 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.

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II. PROCEDURE

=ARTICLE 400.=--The agenda of 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 organization recognized 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 organization.

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 delegates present is in favor 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 organization 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 labor 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 organization 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 Labor 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 Directors 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 Labor Office by an industrial association of employers or of workers that any of the members has failed to secure in any respect the effective observance within its jurisdiction of any convention to which it is a party, the Governing Body may communicate this representation to the Government against which it is made and may invite that Government to make such statement on the subject as it may think fit.

=ARTICLE 410.=--If no statement is received within a reasonable time from the Government in question, or if the statement when received is not deemed to be satisfactory by the Governing Body, the latter shall have the right to publish the representation and the statement, if any, made in reply to it.

=ARTICLE 411.=--Any of the members shall have the right to file a complaint with the International Labor 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 inquiry, 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 inquiry 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 Inquiry 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 Inquiry shall be drawn.

The qualifications of the persons so nominated shall be subject to scrutiny by the Governing Body, which may by 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 Inquiry, 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 inquiry 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 Inquiry 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 Inquiry 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 Inquiry, 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 Inquiry, 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 Inquiry 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 Inquiry 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 Inquiry or the decision of the Permanent Court of International Justice is in favor of the defaulting Government, the other Governments shall forthwith discontinue the measures of an economic character that they have taken against the defaulting Government.

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III. GENERAL

=ARTICLE 421.=--The members engage to apply conventions which they have ratified in accordance with the provisions of this part of the present treaty to their colonies, protectorates, and possessions which are not fully self-governing:

1. Except where owing to the local conditions the convention is inapplicable, or

2. Subject to such modifications as may be necessary to adapt the convention to local conditions.

And each of the members shall notify to the International Labor 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.

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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 organization 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 Labor 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 Labor 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 Organizing Committee will consist of seven members, appointed by the United States of America, Great Britain, France, Italy, Japan, Belgium, and Switzerland. The committee may, if it thinks necessary, invite other members to appoint representatives.

Agenda:

1. Application of principle of the 8-hours day or of the 48-hours week.

2. Question of preventing or providing against unemployment.

3. Women's employment.

(a) Before and after childbirth, including the question of maternity benefit.

(b) During the night.

(c) In unhealthy processes.

4. Employment of children:

(a) Minimum age of employment.

(b) During the night.

(c) In unhealthy processes.

5. Extension and application of the International Conventions adopted at Berne in 1906 on the prohibition of night work for women employed in industry and the prohibition of the use of white phosphorus in the manufacture of matches.

SECTION II.--General Principles

=ARTICLE 427.=--The High Contracting Parties, recognizing 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 I, and associated with that of the League of Nations.

They recognize that differences of climate, habits, and customs, of economic opportunity and industrial tradition, make strict uniformity in the conditions of labor difficult of immediate attainment. But, holding as they do, that labor should not be regarded merely as an article of commerce, they think that there are methods and principles for regulating labor conditions which all industrial communities should endeavor 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 labor 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 labor and the imposition of such limitations on the labor 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 labor 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 insure 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.

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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:

(i) 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 Jülich, 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.

(ii) 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 4 kilometers south of Aix-la-Chapelle, then to and following the crest of Forst Gremünd, 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.

(iii) 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 re-occupied immediately by the Allied of the employed.

=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 insure 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 defense as may be adopted by the provisional Governments of Esthonia, Letvia, and Lithuania.

No other German troops shall, pending the evacuation or after the evacuation is complete, be admitted to the said territories.

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