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Germany
undertakes that goods the produce or manufacture of any one of the
Allied or Associated States imported into Germany territory, from
whatsoever place arriving, shall not be subjected to other or higher
duties or charges (including internal charges) than those to which
the like goods the produce or manufacture of any other such State or
of any other foreign country are subject.
Germany
will not maintain or impose any prohibition or restriction on the
importation into German territory of any goods the produce or
manufacture of the territories of any one of the Allied or
Associated States, from whatsoever place arriving, which shall not
equally extend to the importation of the like goods the produce or
manufacture of any other such State or of any other foreign country.
Germany
further undertakes that, in the matter of the regime applicable on
importation, no discrimination against the commerce of any of the
Allied and Associated States as compared with any other of the said
States or any other foreign country shall be made, even by indirect
means, such as customs regulations or procedure, methods of
verification or analysis conditions of payment of duties, tariff
classification or interpretation, or the operation of monopolies.
In
all that concerns exportation Germany undertakes that goods, natural
products or manufactured articles, exported from German territory to
the territories of any one of the Allied or Associated States shall
not be subjected to other or higher duties or charges (including
internal charges) than those paid on the like goods exported to any
other such State or to any other foreign country.
Germany
will not maintain or impose any prohibition or restriction on the
exportation of any goods sent from her territory to any one of the
Allied or Associated States which shall not equally extend to the
exportation of the like goods, natural products or manufactured
articles, sent to any other such State or to any other foreign
country.
Every
favour, immunity or privilege in regard to the importation,
exportation or transit of goods granted by Germany to any Allied or
Associated State or to any other foreign country whatever shall
simultaneously and unconditionally, without request and without
compensation, be extended to all the Allied and Associated States.
The
provisions of Articles 264 to 267 inclusive of this Chapter and of
Article 323 of Part XII (Ports, Waterways and Railways) of the
present Treaty are subject to the following exceptions:
(a)
For a period of five years from the coming into force of the present
Treaty, natural or manufactured products which both originate in and
come from the territories of Alsace and Lorraine reunited to France
shall, on importation into German customs territory, be exempt from
all customs duty.
The
French Government shall fix each year, by decree communicated to the
German Government, the nature and amount of the products which shall
enjoy this exemption.
The
amount of each product which may be thus sent annually into Germany
shall not exceed the average of the amounts sent annually in the
years 1911-1913.
Further,
during the period above mentioned the German Government shall allow
the free export from Germany, and the free re-importation into
Germany, exempt from all customs duties and other charges (including
internal charges), of yarns, tissues, and other textile materials or
textile products of any kind and in any condition, sent from Germany
into the territories of Alsace or Lorraine, to be subjected there to
any finishing process, such as bleaching, dyeing, printing,
mercerisation, gassing, twisting or dressing.
(b)
During a period of three years from the coming into force of the
present Treaty natural or manufactured products which both originate
in and come from Polish territories which before the war were part
of Germany shall, on importation into German customs territory, be
exempt from all customs duty.
The
Polish Government shall fix each year, by decree communicated to the
German Government, the nature and amount of the products which shall
enjoy this exemption.
The
amount of each product which may be thus sent annually into Germany
shall not exceed the average of the amounts sent annually in the
years 1911-1913.
(c)
The Allied and Associated Powers reserve the right to require
Germany to accord freedom from customs duty, on importation into
German customs territory, to natural products and manufactured
articles which both originate in and come from the Grand Duchy of
Luxemburg, for a period of five years from the coming into force of
the present Treaty.
The
nature and amount of the products which shall enjoy the benefits of
this regime shall be communicated each year to the German
Government.
The
amount of each product which may be thus sent annually into Germany
shall not exceed the average of the amounts sent annually in the
years 1911-1913.
During
the first six months after the coming into force of the present
Treaty, the duties imposed by Germany on imports from Allied and
Associated States shall not be higher than the most favourable
duties which were applied to imports into Germany on July 31, 1914.
During
a further period of thirty months after the expiration of the first
six months, this provision shall continue to be applied exclusively
with regard to products which, being comprised in Section A of the
First Category of the German Customs Tariff of December 25, 1902,
enjoyed at the above-mentioned date (July 31, 1914) rates
conventionalised by treaties with the Allied and Associated Powers,
with the addition of all kinds of wine and vegetable oils, of
artificial silk and of washed or scoured wool whether or not they
were the subject of special conventions before July 31, 1914.
The
Allied and Associated Powers reserve the right to apply to German
territory occupied by their troops a special customs regime as
regards imports and exports, in the event of such a measure being
necessary in their opinion in order to safeguard the economic
interests of the population of these territories.
As
regards sea fishing, maritime coasting trade, and maritime towage,
vessels of the Allied and Associated Powers shall enjoy, in German
territorial waters, the treatment accorded to vessels of the most
favoured nation.
Germany
agrees that, notwithstanding any stipulation to the contrary
contained in the Conventions relating to the North Sea fisheries and
liquor traffic, all rights of inspection and police shall, in the
case of fishing-boats of the Allied Powers, be exercised solely by
ships belonging to those Powers.
In
the case of vessels of the Allied or Associated Powers, all classes
of certificates or documents relating to the vessel, which were
recognised as valid by Germany before the war, or which may
hereafter be recognised as valid by the principal maritime States,
shall be recognised by Germany as valid and as equivalent to the
corresponding certificates issued to German vessels.
A
similar recognition shall be accorded to the certificates and
documents issued to their vessels by the Governments of new States,
whether they have a sea-coast or not, provided that such
certificates and documents shall be issued m conformity with the
general practice observed in the principal maritime States.
The
High Contracting Parties agree to recognise the flag flown by the
vessels of an Allied or Associated Power having no seacoast which
are registered at some one specified place situated in its
territory; such place shall serve as the port of registry of such
vessels.
Germany
undertakes to adopt all the necessary legislative and administrative
measures to protect goods the produce or manufacture of any one of
the Allied and Associated Powers from all forms of unfair
competition in commercial transactions.
Germany
undertakes to prohibit and repress by seizure and by other
appropriate remedies the importation, exportation, manufacture,
distribution, sale or offering for sale in its territory of all
goods bearing upon themselves or their usual get-up or wrappings any
marks, names, devices, or description whatsoever which are
calculated to convey directly or indirectly a false indication of
the origin, type, nature, or special characteristics of such goods.
Germany
undertakes on condition that reciprocity is accorded in these
matters to respect any law, or any administrative or judicial
decision given in conformity with such law, in force in any Allied
or Associated State and duly communicated to her by the proper
authorities, defining or regulating the right to any regional
appellation in respect of wine or spirits produced in the State to
which the region belongs, or the conditions under which the use of
any such appellation may be permitted; and the importation,
exportation, manufacture, distribution, sale or offering for sale of
products or articles bearing regional appellations inconsistent with
such law or order shall be prohibited by the German Government and
repressed by the measures prescribed in the preceding Article.
Germany
undertakes:
(a)
Not to subject the nationals of the Allied and Associated Powers to
any prohibition in regard to the exercise of occupations,
professions, trade and industry, which shall not be equally
applicable to all aliens without exception;
(b)
Not to subject the nationals of the Allied and Associated Powers in
regard to the rights referred to in paragraph (a) to any regulation
or restriction which might contravene directly or indirectly the
stipulations of the said paragraph, or which shall be other or more
disadvantageous than those which are applicable to nationals of the
most favoured nation;
(c)
Not to subject the nationals of the Allied and Associated Powers,
their property, rights or interests, including companies and
associations In which they are interested, to any charge, tax or
impost, direct or indirect, other or higher than those which are or
may be imposed on her own nationals or their property, rights or
interests;
(d)
Not to subject the nationals of any one of the Allied and Associated
Powers to any restriction which was not applicable on July l, 1914,
to the nationals of such Powers unless such restriction is likewise
imposed on her own nationals.
The
nationals of the Allied and Associated Powers shall enjoy in German
territory a constant protection for their persons and for their
property, rights and interests, and shall have free access to the
courts of law.
Germany
undertakes to recognise any new nationality which has been or may be
acquired by her nationals under the laws of the Allied and
Associated Powers and in accordance with the decisions of the
competent authorities of these Powers pursuant to naturalisation
laws or under treaty stipulations, and to regard such persons as
having, in consequence of the acquisition of such new nationality,
in all respects severed their allegiance to their country of origin.
The
Allied and Associated Powers may appoint consuls-general, consuls,
vice-consuls, and consular agents in German towns and ports. Germany
undertakes to approve the designation of the consuls-general,
consuls, vice-consuls, and consular agents, whose names shall be
notified to her, and to admit them to the exercise of their
functions in conformity with the usual rules and customs.
The
obligations imposed on Germany by Chapter I and by Articles 27l and
272 of Chapter II above shall cease to have effect five years from
the date of the coming into force of the present Treaty, unless
otherwise provided in the text, or unless the Council of the League
of Nations shall, at least twelve months before the expiration of
that period, decide that these obligations shall be maintained for a
further period with or without amendment.
Article
276 of Chapter IV shall remain in operation, with or without
amendment, after the period of five years for such further period,
if any, not exceeding five years, as may be determined by a majority
of the Council of the League of Nations.
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.
From
the coming into force of the present Treaty and subject to the
provisions thereof the multilateral treaties, conventions and
agreements of an economic or technical character enumerated below
and in the subsequent Articles shall alone be applied as between
Germany and those of the Allied and Associated Powers party thereto:
(l)
Conventions of March l4, 1884, December 1, 1886, and March 23, 1887,
and Final Protocol of July 7, 1887, regarding the protection of
submarine cables.
(2)
Convention of October 11, 1909, regarding the international
circulation of motor-cars.
(3)
Agreement of May 15, 1886, regarding the sealing of railway trucks
subject to customs inspection, and Protocol of May 18, 1907.
(4)
Agreement of May 15, 1886, regarding the technical standardisation
of railways.
(5)
Convention of July 5, 1890, regarding the publication of customs
tariffs and the organisation of an International Union for the
publication of customs tariffs.
(6)
Convention of December 31, 1913, regarding the unification of
commercial statistics.
(7)
Convention of April 25, 1907, regarding the raising of the Turkish
customs tariff.
(8)
Convention of March 14, 1857, for the redemption of toll dues on the
Sound and Belts.
(9)
Convention of June 22, 1861, for the redemption of the Stade Toll on
the Elbe.
(10)
Convention of July 16, 1863, for the redemption of the toll dues on
the Scheldt.
(11)
Convention of October 29, 1888, regarding the establishment of a
definite arrangement guaranteeing the free use of the Suez Canal.
(12)
Conventions of September 23, 1910, respecting the unification of
certain regulations regarding collisions and salvage at sea.
(13)
Convention of December 21, 1904, regarding the exemption of hospital
ships from dues and charges in ports
(14)
Convention of February 4, 1898, regarding the tonnage measurement of
vessels for inland navigation.
(15)
Convention of September 26, 1906, for the suppression of nightwork
for women.
(16)
Convention of September 26, 1906, for the suppression of the use of
white phosphorus in the manufacture of matches.
(17)
Conventions of May 18, 1904, and May 4, 1910, regarding the
suppression of the White Slave Traffic.
(18)
Convention of May 4, 1910, regarding the suppression of obscene
publications.
(19)
Sanitary Conventions of January 30, 1892, April l5, l893, April 3,
l894, March l9, 1897, and December 3, 1903.
(20)
Convention of May 20, 1875, regarding the unification and
improvement of the metric system.
(21)
Convention of November 29, 1906, regarding the unification of
pharmacopoeial formulae for potent drugs.
(22)
Convention of November 16 and 19, 1885, regarding the establishment
of a concert pitch.
(23)
Convention of June 7, 1905, regarding the creation of an
International Agricultural Institute at Rome.
(24)
Conventions of November 3, 188l, and April l5, l889, regarding
precautionary measures against phylloxera.
(25)
Convention of March 19, l902, regarding the protection of birds
useful to agriculture.
(26)
Convention of June l2, 1902, as to the protection of minors.
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.
From
the coming into force of the present Treaty the High Contracting
Parties shall apply, in so far as concerns them, the International
Radio-Telegraphic Convention of July S, 1912, on condition that
Germany fulfills the provisional regulations which will be indicated
to her by the Allied and Associated Powers.
If
within five years after the coming into force of the present Treaty
a new convention regulating international radio-telegraphic
communications should have been concluded to take the place of the
Convention of July 5, 1912, this new convention shall bind Germany,
even if Germany should refuse either to take part in drawing up the
convention, or to subscribe thereto.
This
new convention will likewise replace the provisional regulations in
force.
From
the coming into force of the present Treaty, the High Contracting
Parties shall apply in so far as concerns them and under the
conditions stipulated in Article 272, the conventions hereinafter
mentioned:
(1)
The Conventions of May 6, 1882, and February 1, 1889, regulating the
fisheries in the North Sea outside territorial waters.
(2)
The Conventions and Protocols of November 16, 1887, February 14,
1893, and April 11, 1894, regarding the North Sea liquor traffic.
The
International Convention of Paris of March 20, 1883, for the
protection of industrial property, revised at Washington on June 2,
1911; and the International Convention of Berne of September 9,
1886, for the protection of literary and artistic works, revised at
Berlin on November 13, 1908, and completed by the additional
Protocol signed at Berne on March 20, 1914, will again come into
effect as from the coming into force of the present Treaty, in so
far as they are not affected or modified by the exceptions and
restrictions resulting therefrom.
From
the coming into force of the present Treaty the High Contracting
Parties shall apply, in so far as concerns them, the Convention of
the Hague of July 17, 1905, relating to civil procedure. This
renewal, however, will not apply to France, Portugal and Roumania.
The
special rights and privileges granted to Germany by Article 3 of the
Convention of December 2, 1899, relating to Samoa shall be
considered to have terminated on August 4, 1914.
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.
Germany
recognises that all the treaties, conventions or agreements which
she has concluded with Austria, Hungary, Bulgaria or Turkey since
August 1, 1914, until the coming into force of the present Treaty
are and remain abrogated by the present Treaty.
Germany
undertakes to secure to the Allied and Associated Powers, and to the
officials and nationals of the said Powers, the enjoyment of all the
rights and advantages of any kind which she may have granted to
Austria, Hungary, Bulgaria or Turkey, or to the officials and
nationals of these States by treaties, conventions or arrangements
concluded before August 1, 1914, so long as those treaties,
conventions or arrangements remain in force.
The
Allied and Associated Powers reserve the right to accept or not the
enjoyment of these rights and advantages.
Germany
recognises that all treaties, conventions or arrangements which she
concluded with Russia, or with any State or Government of which the
territory previously formed a part of Russia, or with Roumania,
before August 1, 1914, or after that date until coming into force of
the present Treaty, are and remain abrogated.
Should
an Allied or Associated Power, Russia, or a State or Government of
which the territory formerly constituted a part of Russia, have been
forced since August 1, 1914, by reason of military occupation or by
any other means or for any other cause, to grant or to allow to be
granted by the act of any public authority, concessions, privileges
and favours of any kind to Germany or to a German national, such
concessions, privileges and favours are ipso facto annulled by the
present Treaty.
No
claims or indemnities which may result from this annulment hall be
charged against the Allied or Associated Powers or the Powers,
States, Governments or public authorities which are released from
their engagements by the present Article.
From
the coming into force of the present Treaty Germany undertakes to
give the Allied and Associated Powers and their nationals the
benefit ipso facto of the rights and advantages of any kind which
she has granted by treaties, conventions, or arrangements to
nonbelligerent States or their nationals since August 1, 1914, until
the coming into force of the present Treaty, so long as those
treaties, conventions or arrangements remain in force.
Those
of the High Contracting Parties who have not yet signed, or who have
signed but not yet ratified, the Opium Convention signed at The
Hague on January 23, 1912, agree to bring the said Convention into
force, and for this purpose to enact the necessary legislation
without delay and in any case within a period of twelve months from
the coming into force of the present Treaty.
Furthermore,
they agree that ratification of the present Treaty should in the
case of Powers which have not yet ratified the Opium Convention be
deemed in all respects equivalent to the ratification of that
Convention and to the signature of the Special Protocol which was
opened at The Hague in accordance with the resolutions adopted by
the Third Opium Conference in 1914 for bringing the said Convention
into force.
For
this purpose the Government of the French Republic will communicate
to the Government of the Netherlands a certified copy of the
protocol of the deposit of ratifications of the present Treaty, and
will invite the Government of the Netherlands to accept and deposit
the said certified copy as if it were a deposit of ratifications of
the Opium Convention and a signature of the Additional Protocol of
1914.
There
shall be settled through the intervention of clearing offices to be
established by each of the High Contracting Parties within three
months of the notification referred to in paragraph (e) hereafter
the following classes of pecuniary obligations:
(1)
Debts payable before the war and due by a national of one of the
Contracting Powers, residing within its territory, to a national of
an Opposing Power, residing within its territory;
(2)
Debts which became payable during the war to nationals of one
Contracting Power residing within its territory and arose out of
transactions or contracts with the nationals of an Opposing Power,
resident within its territory, of which the total or partial
execution was suspended on account of the declaration of war;
(3)
Interest which has accrued due before and during the war to a
national of one of the Contracting Powers in respect of securities
issued by an Opposing Power, provided that the payment of interest
on such securities to the nationals of that Power or to neutrals has
not been suspended during the war;
(4)
Capital sums which have become payable before and during the war to
nationals of one of the Contracting Powers in respect of securities
issued by one of the Opposing Powers, provided that the payment of
such capital sums to nationals of that Power or to neutrals has not
been suspended during the war.
The
proceeds of liquidation of enemy property, rights and interests
mentioned in Section IV and in the Annex thereto will be accounted
for through the Clearing Offices, in the currency and at the rate of
exchange hereinafter provided in paragraph (d), and disposed of by
them under the conditions provided by the said Section and Annex.
The
settlements provided for in this Article shall be effected according
to the following principles and in accordance with the Annex to this
Section:
(a)
Each of the High Contracting Parties shall prohibit, as from the
coming into force of the present Treaty, both the payment and the
acceptance of payment of such debts, and also all communications
between the interested parties with regard to the settlement of the
said debts otherwise than through the Clearing Offices;
(b)
Each of the High Contracting Parties shall be respectively
responsible for the payment of such debts due by its nationals,
except in the cases where before the war the debtor was in a state
of bankruptcy or failure, or had given formal indication of
insolvency or where the debt was due by a company whose business has
been liquidated under emergency legislation during the war.
Nevertheless, debts due by the inhabitants of territory invaded or
occupied by the enemy before the Armistice will not be guaranteed by
the States of which those territories form part;
(c)
The sums due to the nationals of one of the High Contracting Parties
by the nationals of an Opposing State will be debited to the
Clearing Office of the country of the debtor, and paid to the
creditor by the Clearing Office of the country of the creditor;
(d)
Debts shall be paid or credited in the currency of such one of the
Allied and Associated Powers, their colonies or protectorates, or
the British Dominions or India, as may be concerned. If the debts
are payable in some other currency they shall be paid or credited in
the currency of the country concerned, whether an Allied or
Associated Power, Colony, Protectorate, British Dominion or India,
at the pre-war rate of exchange.
For
the purpose of this provision the pre-war rate of exchange shall be
defined as the average cable transfer rate prevailing in the Allied
or Associated country concerned during the month immediately
preceding the outbreak of war between the said country concerned and
Germany.
If
a contract provides for a fixed rate of exchange governing the
conversion of the currency in which the debt is stated into the
currency of the Allied or Associated country concerned, then the
above provisions concerning the rate of exchange shall not apply.
In
the case of new States the currency in which and the rate of
exchange at which debts shall be paid or credited shall be
determined by the Reparation Commission provided for in Part VIII
(Reparation);
(e)
The provisions of this Article and of the Annex hereto shall not
apply as between Germany on the one hand and any one of the Allied
and Associated Powers, their colonies or protectorates, or any one
of the British Dominions or India on the other hand, unless within a
period of one month from the deposit of the ratification of the
present Treaty by the Power in question, or of the ratification on
behalf of such Dominion or of India, notice to that effect is given
to Germany by the Government of such Allied or Associated Power or
of such Dominion or of India as the case may be;
(f)
The Allied and Associated Powers who have adopted this Article and
the Annex hereto may agree between themselves to apply them to their
respective nationals established in their territory so far as
regards matters between their nationals and German nationals. In
this case the payments made by application of this provision will be
subject to arrangements between the Allied and Associated Clearing
Offices concerned.
Annex.
1.
Each of the High
Contracting Parties will, within three months from the notification
provided for in Article 296, paragraph (e) establish a Clearing
Office for the collection and payment of enemy debts.
Local
Clearing Offices may be established for any particular portion of
the territories of the High Contracting Parties. Such local Clearing
Offices may perform all the functions of a central Clearing Office
in their respective districts, except that all transactions with the
Clearing Office in the Opposing State must be effected through the
central Clearing Office.
2.
In this Annex the pecuniary obligations referred to in the first
paragraph of Article 296 are described "as enemy debts",
the persons from whom the same are due as "enemy debtors",
the persons to whom they are due as "enemy creditors", the
Clearing Office in the country of the creditor is called the
"Creditor Clearing Office", and the Clearing Office in the
country of the debtor is called the "Debtor Clearing
Office."
3.
The High Contracting Parties will subject contraventions of
paragraph (a) of Article 296 to the same penalties as are at present
provided by their legislation for trading with the enemy. They will
similarly prohibit within their territory all legal process relating
to payment of enemy debts, except in accordance with the provisions
of this Annex.
4.
The Government guarantee specified in paragraph (b) of Article 296
shall take effect whenever, for any reason, a debt shall not be
recoverable, except in a case where at the date of the outbreak of
war the debt was barred by the laws of prescription in force in the
country of the debtor, or where the debtor was at that time in a
state of bankruptcy or failure or had given formal indication of
insolvency, or where the debt was due by a company whose business
has been liquidated under emergency legislation during the war. In
such case the procedure specified by this Annex shall apply to
payment of the dividends.
The
terms "bankruptcy" and "failure" refer to the
application of legislation providing for such juridical conditions.
The expression "formal indication of insolvency" bears the
same meaning as it has in English law.
5.
Creditors shall give notice to the Creditor Clearing Office within
six months of its establishment of debts due to them, and shall
furnish the Clearing Office with any documents and information
required of them.
The
High Contracting Parties will take all suitable measures to trace
and punish collusion between enemy creditors and debtors. The
Clearing Offices will communicate to one another any evidence and
information which might help the discovery and punishment of such
collusion.
The
High Contracting Parties will facilitate as much as possible postal
and telegraphic communication at the expense of the parties
concerned and through the intervention of the Clearing Offices
between debtors and creditors desirous of coming to an agreement as
to the amount of their debt.
The
Creditor Clearing Office will notify the Debtor Office of all debts
declared to it. The Debtor Clearing Office will, in due course,
inform the Creditor Clearing Office which debts are admitted and
which debts are contested. In the latter case, the Debtor Clearing
Office will give the grounds for the non-admission of debt.
6.
When a debt has been admitted, in whole or in part, the Debtor
Clearing Office will at once credit the Creditor Clearing Office
with the amount admitted, and at the same time notify it of such
credit.
7.
The debt shall be deemed to be admitted in full and shall be
credited forthwith to the Creditor Clearing Office unless within
three months from the receipt of the notification or such longer
time as may be agreed to by the Creditor Clearing Office notice has
been given by the Debtor Clearing Office that it is not admitted.
8.
When the whole or part of a debt is not admitted the two Clearing
Offices will examine into the matter jointly and will endeavour to
bring the parties to an agreement.
9.
The Creditor Clearing Office will pay to the individual creditor the
sums credited to it out of the funds placed at its disposal by the
Government of its country and in accordance with the conditions
fixed by the said Government, retaining any sums considered
necessary to cover risks, expenses or commissions.
10.
Any person having claimed
payment of an enemy debt which is not admitted in whole or in part
shall pay to the clearing office, by way of fine, interest at 5 per
cent. on the part not admitted. Any person having unduly refused to
admit the whole or part of a debt claimed from him shall pay, by way
of fine, interest at 5 per cent. on the amount with regard to which
his refusal shall be disallowed.
Such
interest shall run from the date of expiration of the period
provided for in paragraph 7 until the date on which the claim shall
have been disallowed or the debt paid.
Each
Clearing Office shall in so far as it is concerned take steps to
collect the fines above provided for, and will be responsible if
such fines cannot be collected.
The
fines will be credited to the other Clearing Office, which shall
retain them as a contribution towards the cost of carrying out the
present provisions.
11.
The balance between the Clearing Offices shall be struck monthly and
the credit balance paid in cash by the debtor State within a week.
Nevertheless,
any credit balances which may be due by one or more of the Allied
and Associated Powers shall be retained until complete payment shall
have been effected of the sums due to the Allied or Associated
Powers or their nationals on account of the war.
12.
To facilitate discussion between the Clearing Offices each of them
shall have a representative at the place where the other is
established.
13.
Except for special reasons all discussions in regard to claims will,
so far as possible, take place at the Debtor Clearing Office.
14.
In conformity with Article 296, paragraph (b), the High Contracting
Parties are responsible for the payment of the enemy debts owing by
their nationals.
The
Debtor Clearing Office will therefore credit the Creditor Clearing
Office with all debts admitted, even in case of inability to collect
them from the individual debtor. The Governments concerned will,
nevertheless, invest their respective Clearing Offices with all
necessary powers for the recovery of debts which have been admitted.
As
an exception, the admitted debts owing by persons having suffered
injury from acts of war shall only be credited to the Creditor
Clearing Office when the compensation due to the person concerned in
respect of such injury shall have been paid.
15.
Each Government will defray the expenses of the Clearing Office set
up in its territory, including the salaries of the staff.
16.
Where the two Clearing Offices are unable to agree whether a debt
claimed is due, or in case of a difference between an enemy debtor
and an enemy creditor or between the Clearing Offices, the dispute
shall either be referred to arbitration if the parties so agree
under conditions fixed by agreement between them, or referred to the
Mixed Arbitral Tribunal provided for in Section VI hereafter.
At
the request of the Creditor Clearing Office the dispute may,
however, be submitted to the jurisdiction of the Courts of the place
of domicile of the debtor.
17.
Recovery of sums found by the Mixed Arbitral Tribunal, the Court, or
the Arbitration Tribunal to be due shall be effected through the
Clearing Offices as if these sums were debts admitted by the Debtor
Clearing Office.
18.
Each of the Governments concerned shall appoint an agent who will be
responsible for the presentation to the Mixed Arbitral Tribunal of
the cases conducted on behalf of its Clearing Office. This agent
will exercise a general control over the representatives or counsel
employed by its nationals.
Decisions
will be arrived at on documentary evidence, but it will be open to
the Tribunal to hear the parties in person, or according to their
preference by their representatives approved by the two Governments,
or by the agent referred to above, who shall be competent to
intervene along with the party or to reopen and maintain a claim
abandoned by the same.
19.
The Clearing Offices concerned will lay before the Mixed Arbitral
Tribunal all the information and documents in their possession, so
as to enable the Tribunal to decide rapidly on the cases which are
brought before it.
20.
Where one of the parties concerned appeals against the joint
decision of the two Clearing Offices he shall make a deposit against
the costs, which deposit shall only be refunded when the first
judgment is modified in favour of the appellant and in proportion to
the success he may attain, his opponent in case of such a refund
being required to pay an equivalent proportion of the costs and
expenses. Security accepted by the Tribunal may be substituted for a
deposit.
A
fee of 5 per cent. of the amount in dispute shall be charged in
respect of all cases brought before the Tribunal. This fee shall,
unless the Tribunal directs otherwise, be borne by the unsuccessful
party. Such fee shall be added to the deposit referred to. It is
also independent of the security.
The
Tribunal may award to one of the parties a sum in respect of the
expenses of the proceedings.
Any
sum payable under this paragraph shall be credited to the Clearing
Office of the successful party as a separate item.
21.
With a view to the rapid settlement of claims, due regard shall be
paid in the appointment of all persons connected with the Clearing
Offices or with the Mixed Arbitral Tribunal to their knowledge of
the language of the other country concerned.
Each
of the Clearing Offices will be at liberty to correspond with the
other and to forward documents in its own language.
22.
Subject to any special agreement to the contrary between the
Governments concerned, debts shall carry interest in accordance with
the following provisions:
Interest
shall not be payable on sums of money due by way of dividend,
interest or other periodical payments which themselves represent
interest on capital.
The
rate of interest shall be 5 per cent. per annum except in cases
where, by contract, law or custom, the creditor is entitled to
payment of interest at a different rate. In such cases the rate to
which he is entitled shall prevail.
Interest
shall run from the date of commencement of hostilities (or, if the
sum of money to be recovered fell due during the war, from the date
at which it fell due) until the sum is credited to the Clearing
Office of the creditor.
Sums
due by way of interest shall be treated as debts admitted by the
Clearing Offices and shall be credited to the Creditor Clearing
Office in the same way as such debts.
23.
Where by decision of the Clearing Offices or the Mixed Arbitral
Tribunal a claim is held not to fall within Article 296, the
creditor shall be at liberty to prosecute the claim before the
Courts or to take such other proceedings as may be open to him.
The
presentation of a claim to the Clearing Office suspends the
operation of any period of prescription.
24. The High
Contracting Parties agree to regard the decisions of the Mixed
Arbitral Tribunal as final and conclusive, and to render them
binding upon their nationals.
25.
In any case where a Creditor Clearing Office declines to notify a
claim to the Debtor Clearing Office, or to take any step provided
for in this Annex, intended to make effective in whole or in part a
request of which it has received due notice, the enemy creditor
shall be entitled to receive from the Clearing Office a certificate
setting out the amount of the claim, and shall then be entitled to
prosecute the claim before the courts or to take such other
proceedings as may be open to him.
The
question of private property, rights and interests in an enemy
country shall be settled according to the principles laid down in
this Section and to the provisions of the Annex hereto.
(a)
The exceptional war measures and measures of transfer (defined in
paragraph 3 of the Annex hereto) taken by Germany with respect to
the property, rights and interests of nationals of Allied or
Associated Powers, including companies and associations in which
they are interested, when liquidation has not been completed, shall
be immediately discontinued or stayed and the property, rights and
interests concerned restored to their owners, who shall enjoy full
rights therein in accordance with the provisions of Article 298.
(b)
Subject to any contrary stipulations which may be provided for in
the present Treaty, the Allied and Associated Powers reserve the
right to retain and liquidate all property, rights and interests
belonging at the date of the coming into force of the present Treaty
to German nationals, or companies controlled by them, within their
territories, colonies, possessions and protectorates including
territories ceded to them by the present Treaty.
The
liquidation shall be carried out in accordance with the laws of the
Allied or Associated State concerned, and the German manowners shall
not be able to dispose of such property, rights or interests nor to
subject them to any charge without the consent of that State.
German
nationals who acquire ipso facto the nationality of an Allied or
Associated Power in accordance with the provisions of the present
Treaty will not be considered as German nationals within the meaning
of this paragraph.
(c)
The price or the amount of compensation in respect of the exercise
of the right referred to in the preceding paragraph (b) will be
fixed in accordance with the methods of sale or valuation adopted by
the laws of the country in which the property has been retained or
liquidated.
(d)
As between the Allied and Associated Powers or their nationals on
the one hand and Germany or her nationals on the other hand, all the
exceptional war measures, or measures of transfer, or acts done or
to be done in execution of such measures as defined in paragraphs 1
and 3 of the Annex hereto shall be considered as final and binding
upon all persons except as regards the reservations laid down in the
present Treaty.
(e)
The nationals of Allied and Associated Powers shall be entitled to
compensation in respect of damage or injury inflicted upon their
property, rights or interests, including any company or association
in which they are interested, in German territory as it existed on
August 1, 1914, by the application either of the exceptional war
measures or measures of transfer mentioned in paragraphs 1 and 3 of
the Annex hereto. The claims made in this respect by such nationals
shall be investigated, and the total of the compensation shall be
determined by the Mixed Arbitral Tribunal provided for in Section VI
or by an Arbitrator appointed by that Tribunal. This compensation
shall be borne by Germany, and may be charged upon the property of
German nationals within the territory or under the control of the
claimant's State. This property may be constituted as a pledge for
enemy liabilities under the conditions fixed by paragraph 4 of the
Annex hereto. The payment of this compensation may be made by the
Allied or Associated State, and the amount will be debited to
Germany.
(f)
Whenever a national of an Allied or Associated Power is entitled to
property which has been subjected to a measure of transfer in German
territory and expresses a desire for its restitution, his claim for
compensation in accordance with paragraph (6) shall be satisfied by
the restitution of the said property if it still exists in specie.
In
such case Germany shall take all necessary steps to restore the
evicted owner to the possession of his property, free from all
encumbrances or burdens with which it may have been charged after
the liquidation, and to indemnify all third parties injured by the
restitution.
If
the restitution provided for in this paragraph cannot be effected,
private agreements arranged by the intermediation of the Powers
concerned or the Clearing Offices provided for in the Annex to
Section III may be made, in order to secure that the national of the
Allied or Associated Power may secure compensation for the injury
referred to in paragraph (e) by the grant of advantages or
equivalents which he agrees to accept in place of the property,
rights or interests of which he was deprived.
Through
restitution in accordance with this Article, the price or the amount
of compensation fixed by the application of paragraph (e) will be
reduced by the actual value of the property restored, account being
taken of compensation in respect of loss of use or deterioration.
(g)
The rights conferred by paragraph (f) are reserved to owners who are
nationals of Allied or Associated Powers within whose territory
legislative measures prescribing the general liquidation of enemy
property, rights or interests were not applied before the signature
of the Armistice.
(h)
Except in cases where, by application of paragraph (f), restitutions
in specie have been made, the net proceeds of sales of enemy
property, rights or interests wherever situated carried out either
by virtue of war legislation, or by application of this Article, and
in general all cash assets of enemies, shall be dealt with as
follows:
(1)
As regards Powers adopting Section III and the Annex thereto, the
said proceeds and cash assets shall be credited to the Power of
which the owner is a national, through the Clearing Office
established thereunder; any credit balance in favour of Germany
resulting therefrom shall be dealt with as provided in Article 243.
(2)
As regards Powers not adopting Section III and the Annex thereto,
the proceeds of the property, rights and interests, and the cash
assets, of the nationals of Allied or Associated Powers held by
Germany shall be paid immediately to the person entitled thereto or
to his Government; the proceeds of the property, rights and
interests, and the cash assets, of German nationals received by an
Allied or Associated Power shall be subject to disposal by such
Power in accordance with its laws and regulations and may be applied
in payment of the claims and debts defined by this Article or
paragraph 4 of the Annex hereto. Any property, rights and interests
or proceeds thereof or cash assets not used as above provided may be
retained by the said Allied or Associated Power and if retained the
cash value thereof shall be dealt with as provided in Article 243.
In
the case of liquidations effected in new States, which are
signatories of the present Treaty as Allied and Associated Powers,
or in States which are not entitled to share in the reparation
payments to be made by Germany, the proceeds of liquidations
effected by such States shall, subject to the rights of the
Reparation Commission under the present Treaty, particularly under
Articles 235 and 260, be paid direct to the owner. If on the
application of that owner, the Mixed Arbitral Tribunal, provided for
by Section VI of this Part, or an arbitrator appointed by that
Tribunal is satisfied that the conditions of the sale or measures
taken by the Government of the State in question outside its general
legislation were unfairly prejudicial to the price obtained, they
shall have discretion to award to the owner equitable compensation
to be paid by that State.
(i)
Germany undertakes to compensate her nationals in respect of the
sale or retention of their property, rights or interests in Allied
or Associated States.
(j)
The amount of all taxes and imposts upon capital levied or to be
levied by Germany on the property, rights and interests of the
nationals of the Allied or Associated Powers from November 11, 1918,
until three months from the coming into force of the present Treaty,
or, in the case of property, rights or interests which have been
subjected to exceptional measures of war, until restitution in
accordance with the present Treaty, shall be restored to the owners.
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.
1.
In accordance with the provisions of Article 297 paragraph (d), the
validity of vesting orders and of orders for the winding up of
businesses or companies, and of any other orders, directions,
decisions or instructions of any court or any department of the
Government of any of the High Contracting Parties made or given, or
purporting to be made or given, in pursuance of war legislation with
regard to enemy property, rights and interests is confirmed. The
interests of all persons shall be regarded as having been
effectively dealt with by any order, direction, decision or
instruction dealing with property in which they may be interested,
whether or not such interests are specifically mentioned in the
order, direction, decision, or instruction. No question shall be
raised as to the regularity of a transfer of any property, rights or
interests dealt with in pursuance of any such order, direction,
decision or instruction. Every action taken with regard to any
property, business, or company, whether as regards its
investigation, sequestration, compulsory administration, use,
requisition, supervision, or winding up, the sale or management of
property, rights or interests, the collection or discharge of debts,
the payment of costs, charges or expenses, or any other matter
whatsoever, in pursuance of orders, directions, decisions, or
instructions of any court or of any department of the Government of
any of the High Contracting Parties, made or given, or purporting to
be made or given, in pursuance of war legislation with regard to
enemy property, rights or interests, is confirmed. Provided that the
provisions of this paragraph shall not be held to prejudice the
titles to property heretofore acquired in good faith and for value
and in accordance with the laws of the country in which the property
is situated by nationals of the Allied and Associated Powers.
The
provisions of this paragraph do not apply to such of the
above-mentioned measures as have been taken by the German
authorities in invaded or occupied territory, nor to such of the
above mentioned measures as have been taken by Germany or the German
authorities since November 11, 1918, all of which shall be void.
2.
No claim or action shall be made or brought against any Allied or
Associated Power or against any person acting on behalf of or under
the direction of any legal authority or Department of the Government
of such a Power by Germany or by any German national wherever
resident in respect of any act or omission with regard to his
property, rights or interests during the war or in preparation for
the war. Similarly no claim or action shall be made or brought
against any person in respect of any act or omission under or in
accordance with the exceptional war measures, laws or regulations of
any Allied or Associated Power.
3.
In Article 297 and this Annex the expression "exceptional war
measures" includes measures of all kinds, legislative
administrative, judicial or others, that have been taken or will be
taken hereafter with regard to enemy property, and which have had or
will have the effect of removing from the proprietors the power of
disposition over their property, though without affecting the
ownership, such as measures of supervision, of compulsory
administration, and of sequestration; or measures which have had or
will have as an object the seizure of, the use of, or the
interference with enemy assets, for whatsoever motive, under
whatsoever form or in whatsoever place. Acts in the-execution of
these measures include all detentions, instructions, orders or
decrees of Government departments or courts applying these measures
to enemy property, as well as acts performed by any person connected
with the administration or the supervision of enemy property, such
as the payment of debts, the collecting of credits, the payment of
any costs, charges or expenses, or the collecting of fees.
Measures
of transfer are those which have affected or will affect the
ownership of enemy property by transferring it in whole or in part
to a person other than the enemy owner, and without his consent,
such as measures directing the sale, liquidation, or devolution of
ownership in enemy property, or the cancelling of titles or
securities.
4.
All property, rights and interests of German nationals within the
territory of any Allied or Associated Power and the net proceeds of
their sale, liquidation or other dealing therewith may be charged by
that Allied or Associated Power in the first place with payment of
amounts due in respect of claims by the nationals of that Allied or
Associated Power with regard to their property, rights and
interests, including companies and associations in which they are
interested, in German territory, or debts owing to them by German
nationals, and with payment of claims growing out of acts committed
by the German Government or by any German authorities since July 31,
1914, and before that Allied or Associated Power entered into the
war. The amount of such claims may be assessed by an arbitrator
appointed by Mr. Gustave Ador, if he is willing, or if no such
appointment is made by him, by an arbitrator appointed by the Mixed
Arbitral Tribunal provided for in Section VI. They may be charged in
the second place with payment of the amounts due in respect of
claims by the nationals of such Allied or Associated Power with
regard to their property, rights and interests in the territory of
other enemy Powers, in so far as those claims are otherwise
unsatisfied.
5.
Notwithstanding the provisions of Article 297, where immediately
before the outbreak of war a company incorporated in an Allied or
Associated State had rights in common with a company controlled by
it and incorporated in Germany to the use of trademarks in third
countries, or enjoyed the use in common with such company of unique
means of reproduction of goods or articles for sale in third
countries, the former company shall alone have the right to use
these trade-marks in third countries to the exclusion of the German
company, and these unique means of reproduction shall be handed over
to the former company, notwithstanding any action taken under German
war legislation with regard to the latter company or its business,
industrial property or shares. Nevertheless, the former company, if
requested, shall deliver the latter company derivative copies
permitting the continuation of reproduction of articles for use
within German territory.
6.
Up to the time when restitution is carried out in accordance with
Article 297, Germany is responsible for the conservation of
property, rights and interests of the nationals of Allied or
Associated Powers, including companies and associations in which
they are interested, that have been subjected by her to exceptional
war measures.
7.
Within one year from the coming into force of the present Treaty the
Allied or Associated Powers will specify the property, rights and
interests over which they intend to exercise the right provided in
Article 297, paragraph (f).
8.
The restitution provided
in Article 297 will be carried out by order of the German Government
or of the authorities which have been substituted for it. Detailed
accounts of the action of administrators shall be furnished to the
interested persons by the German authorities upon request, which may
be made at any time after the coming into force of the present
Treaty.
9.
Until completion of the liquidation provided for by Article 297,
paragraph (b), the property, rights and interests of German
nationals will continue to be subject to exceptional war measures
that have been or will be taken with regard to them.
10.
Germany will, within six months from the coming into force of the
present Treaty, deliver to each Allied or Associated Power all
securities, certificates, deeds, or other documents of title held by
its nationals and relating to property, rights or interests situated
in the territory of that Allied or Associated Power, including any
shares, stock, debentures, debenture stock, or other obligations of
any company incorporated in accordance with the laws of that Power.
Germany
will at any time on demand of any Allied or Associated Power furnish
such information as may be required with regard to the property,
rights and interests of German nationals within the territory of
such Allied or Associated Power, or with regard to any transactions
concerning such property, rights or interests effected since July 1,
1914.
11.
The expression "cash assets" includes all deposits or
funds established before or after the declaration of war, as well as
all assets coming from deposits, revenues, or profits collected by
administrators, sequestrators, or others from funds placed on
deposit or otherwise, but does not include sums belonging to the
Allied or Associated Powers or to their component States, Provinces,
or Municipalities.
12.
All investments wheresoever effected with the cash assets of
nationals of the High Contracting Parties, including companies and
associations in which such nationals were interested, by persons
responsible for the administration of enemy properties or having
control over such administration, or by order of such persons or of
any authority whatsoever shall be annulled. These cash assets shall
be accounted for irrespective of any such investment.
13.
Within one month from the coming into force of the present Treaty,
or on demand at any time, Germany will deliver to the Allied and
Associated Powers all accounts, vouchers, records, documents and
information of any kind which may be within German territory, and
which concern the property, rights and interests of the nationals of
those Powers, including companies and associations in which they are
interested, that have been subjected to an exceptional war measure,
or to a measure of transfer either in German territory or in
territory occupied by Germany or her allies.
The
controllers, supervisors, managers, administrators, sequestrators,
liquidators and receivers shall be personally responsible under
guarantee of the German Government for the immediate delivery in
full of these accounts and documents, and for their accuracy.
14.
The provisions of Article 297 and this Annex relating to property,
rights and interests in an enemy country, and the proceeds of the
liquidation thereof, apply to debts, credits and accounts, Section
III regulating only the method of payment.
In
the settlement of matters provided for in Article 297 between
Germany and the Allied or Associated States, their colonies or
protectorates, or any one of the British Dominions or India, in
respect of any of which a declaration shall not have been made that
they adopt Section III, and between their respective nationals, the
provisions of Section III respecting the currency in which payment
is to be made and the rate of exchange and of interest shall apply
unless the Government of the Allied or Associated Power concerned
shall within six months of the coming into force of the present
Treaty notify Germany that the said provisions are not to be
applied.
15.
The provisions of Article 297 and this Annex apply to industrial,
literary and artistic property which has been or will be dealt with
in the liquidation of property, rights, interests, companies or
businesses under war legislation by the Allied or Associated Powers,
or in accordance with the stipulations of Article 297, paragraph
(b).
(a)
Any contract concluded between enemies shall be regarded as having
been dissolved as from the time when any two of the parties became
enemies, except in respect of any debt or other pecuniary obligation
arising out of any act done or money paid thereunder, and subject to
the exceptions and special rules with regard to particular contracts
or classes of contracts contained herein or in the Annex hereto.
(b)
Any contract of which the execution shall be required in the general
interest, within six months from the date of the coming into force
of the present Treaty, by the Allied or Associated Governments of
which one of the parties is a national, shall be excepted from
dissolution under this Article.
When
the execution of the contract thus kept alive would owing to the
alteration of trade conditions, cause one of the parties substantial
prejudice the Mixed Arbitral Tribunal provided for by Section VI
shall be empowered to grant to the prejudiced party equitable
compensation.
(c)
Having regard to the provisions of the constitution and law of the
United States of America, of Brazil, and of Japan, neither the
present Article, nor Article 300, nor the Annex hereto shall apply
to contracts made between nationals of these States and German
nationals; nor shall Article 305 apply to the United States of
America or its nationals.
(d)
The present Article and the annex hereto shall not apply to
contracts the parties to which became enemies by reason of one of
them being an inhabitant of territory of which the sovereignty has
been transferred, if such party shall acquire under the present
Treaty the nationality of an Allied or Associated Power, nor shall
they apply to contracts between nationals of the Allied and
Associated Powers between whom trading has been prohibited by reason
of one of the parties being in Allied or Associated territory in the
occupation of the enemy.
(e)
Nothing in the present Article or the annex hereto shall be deemed
to invalidate a transaction lawfully carried out in accordance with
a contract between enemies if it has been carried out with the
authority of one of the belligerent Powers.
(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.
As
between enemies no negotiable instrument made before the war shall
be deemed to have become invalid by reason only of failure within
the required time to present the instrument for acceptance or
payment or to give notice of non-acceptance or nonpayment to drawers
or indorsers or to protest the instrument, nor by reason of failure
to complete any formality during the war.
Where
the period within which a negotiable instrument should have been
presented for acceptance or for payment, or within which notice of
non-acceptance or non-payment should have been given to the drawer
or indorser, or within which the instrument should have been
protested, has elapsed during the war, and the party who should have
presented or protested the instrument or have given notice of
non-acceptance or non-payment has failed to do so during the war, a
period of not less than three months from the coming into force of
the present Treaty shall be allowed within which presentation,
notice of non-acceptance or nonpayment or protest may be made.
Judgments
given by the Courts of an Allied or Associated Power in all cases
which, under the present Treaty, they are competent to decide, shall
be recognised in Germany as final, and shall be enforced without it
being necessary to have them declared executory.
If
a judgment in respect to any dispute which may have arisen has been
given during the war by a German Court against a national of an
Allied or Associated State in a case in which he was not able to
make his defence, the Allied and Associated national who has
suffered prejudice thereby shall be entitled to recover
compensation, to be fixed by the Mixed Arbitral Tribunal provided
for in Section VI.
At
the instance of the national of the Allied or Associated Power the
compensation above-mentioned may, upon order to that effect of the
Mixed Arbitral Tribunal, be effected where it is possible by
replacing the parties in the situation which they occupied before
the judgment was given by the German Court.
The
above compensation may likewise be obtained before the Mixed
Arbitral Tribunal by the nationals of Allied or Associated Powers
who have suffered prejudice by judicial measures taken in invaded or
occupied territories, if they have not been otherwise compensated.
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.
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.
Stock
Exchange and Commercial Exchange Contracts.
4. (a) Rules made during the
war by any recognised Exchange or Commercial Association providing
for the closure of contracts entered into before the war by an enemy
are confirmed by the High Contracting Parties, as also any action
taken thereunder, provided:
(1)
That the contract was expressed to be made subject to the rules of
the Exchange or Association in question;
(2)
That the rules applied to all persons concerned;
(3)
That the conditions attaching to the closure were fair and
reasonable.
(b)
The preceding paragraph shall not apply to rules made during the
occupation by Exchanges or Commercial Associations in the districts
occupied by the enemy.
(c)
The closure of contracts relating to cotton "futures",
which were closed as on July 31, 1914, under the decision of the
Liverpool Cotton Association, is also confirmed.
Security.
5.
The sale of a security held for an unpaid debt owing by an enemy
shall be deemed to have been valid irrespective of notice to the
owner if the creditor acted in good faith and with reasonable care
and prudence, and no claim by the debtor on the ground of such sale
shall be admitted.
This
stipulation shall not apply to any sale of securities effected by an
enemy during the occupation in regions invaded or occupied by the
enemy.
Negotiable
Instruments.
6.
As regards Powers which adopt Section III and the Annex thereto the
pecuniary obligations existing between enemies and resulting from
the issue of negotiable instruments shall be adjusted in conformity
with the said Annex by the instrumentality of the Clearing Offices,
which shall assume the rights of the holder as regards the various
remedies open to him.
7.
If a person has either before or during the war become liable upon a
negotiable instrument in accordance with an undertaking given to him
by a person who has subsequently become an enemy, the latter shall
remain liable to indemnify the former in respect of his liability
notwithstanding the outbreak of war.
8.
Contracts of insurance entered into by any person with another
person who subsequently became an enemy will be dealt with in
accordance with the following paragraphs.
Fire
Insurance.
9.
Contracts for the insurance of property against fire entered into by
a person interested in such property with another person who
subsequently became an enemy shall not be deemed to have been
dissolved by the outbreak of war, or by the fact of the person
becoming an enemy, or on account of the failure during the war and
for a period of three months thereafter to perform his obligations
under the contract, but they shall be dissolved at the date when the
annual premium becomes payable for the first time after the
expiration of a period of three months after the coming into force
of the present Treaty.
A
settlement shall be effected of unpaid premiums which became due
during the war, or of claims for losses which occurred during the
war.
10.
Where by administrative or legislative action an insurance against
fire effected before the war has been transferred during the war
from the original to another insurer, the transfer will be
recognised and the liability of the original insurer will be deemed
to have ceased as from the date of the transfer. The original
insurer will, however, be entitled to receive on demand full
information as to the terms of the transfer, and if it should appear
that these terms were not equitable they shall be amended so far as
may be necessary to render them equitable.
Furthermore,
the insured shall, subject to the concurrence of the original
insurer, be entitled to retransfer the contract to the original
insurer as from the date of the demand.
Life
Insurance.
11.
Contracts of life insurance entered into between an insurer
and a person who subsequently became an enemy shall not be deemed to
have been dissolved by the outbreak of war, or by the fact of the
person becoming an enemy.
Any
sum which during the war became due upon a contract deemed not to
have been dissolved under the preceding provision shall be
recoverable after the war with the addition of interest at five per
cent. per annum from the date of its becoming due up to the day of
payment.
Where
the contract has lapsed during the war owing to nonpayment of
premiums, or has become void from breach of the conditions of the
contract, the assured or his representatives or the person entitled
shall have the right at any time within twelve months of the coming
into force of the present Treaty to claim from the insurer the
surrender value of the policy at the date of its lapse or avoidance.
Where
the contract has lapsed during the war owing to nonpayment of
premiums the payment of which has been prevented by the enforcement
of measures of war, the assured or his representative or the persons
entitled shall have the right to restore the contract on payment of
the premiums with interest at five per cent. per annum within three
months from the coming into force of the present Treaty.
12.
Any Allied or Associated Power may within three months of the coming
into force of the present Treaty cancel all the contracts of
insurance running between a German insurance company and its
nationals under conditions which shall protect its nationals from
any prejudice.
To
this end the German insurance company will hand over to the Allied
or Associated Government concerned the proportion of its assets
attributable to the policies so cancelled and will be relieved from
all liability in respect of such policies. The assets to be handed
over shall be determined by an actuary appointed by the Mixed
Arbitral Tribunal.
13.
Where contracts of life insurance have been entered into by a local
branch of an insurance company established in a country which
subsequently became an enemy country, the contract shall, in the
absence of any stipulation to the contrary in the contract itself,
be governed by the local law, but the insurer shall be entitled to
demand from the insured or his representatives the refund of sums
paid on claims made or enforced under measures taken during the war,
if the making or enforcement of such claims was not in accordance
with the terms of the contract itself or was not consistent with the
laws or treaties existing at the time when it was entered into.
14.
In any case where by the law applicable to the contract the insurer
remains bound by the contract notwithstanding the nonpayment of
premiums until notice is given to the insured of the termination of
the contract, he shall be entitled where the giving of such notice
was prevented by the war to recover the unpaid premiums with
interest at five per cent. per annum from the insured.
15.
Insurance contracts shall be considered as contracts of life
assurance for the purpose of paragraphs 11 to 14 when they depend on
the probabilities of human life combined with the rate of interest
for the calculation of the reciprocal engagements between the two
parties.
Marine
Insurance.
16.
Contracts of marine insurance including time policies and voyage
policies entered into between an insurer and a person who
subsequently became an enemy, shall be deemed to have been dissolved
on his becoming an enemy, except in cases where the risk undertaken
in the contract had attached before he became an enemy.
Where
the risk had not attached, money paid by way of premium or otherwise
shall be recoverable from the insurer.
Where
the risk had attached effect shall be given to the contract
notwithstanding the party becoming an enemy, and sums due under the
contract either by way of premiums or in respect of losses shall be
recoverable after the coming into force of the present Treaty.
In
the event of any agreement being come to for the payment of interest
on sums due before the war to or by the nationals of States which
have been at war and recovered after the war, such interest shall in
the case of losses recoverable under contracts of marine insurance
run from the expiration of a period of one year from the date of the
loss.
17.
No contract of marine insurance with an insured person who
subsequently became an enemy shall be deemed to cover losses due to
belligerent action by the Power of which the insurer was a national
or by the allies or associates of such Power.
18.
Where it is shown that a person who had before the war entered into
a contract of marine insurance with an insurer who subsequently
became an enemy entered after the outbreak of war into a new
contract covering the same risk with an insurer who was not an
enemy, the new contract shall be deemed to be substituted for the
original contract as from the date when it was entered into, and the
premiums payable shall be adjusted on the basis of the original
insurer having remained liable on the contract only up till the time
when the new contract was entered into.
Other
Insurances.
19.
Contracts of insurance entered into before the war between an
insurer and a person who subsequently became an enemy, other than
contracts dealt with in paragraphs g to 18, shall be treated in all
respects on the same footing as contracts of fire insurance between
the same persons would be dealt with under the said paragraphs.
Re-insurance.
20.
All treaties of re-insurance with a person who became an enemy shall
be regarded as having been abrogated by the person becoming an
enemy, but without prejudice in the case of life or marine risks
which had attached before the war to the right to recover payment
after the war for sums due in respect of such risks.
Nevertheless
if, owing to invasion, it has been impossible for the re-insured to
find another re-insurer, the treaty shall remain in force until
three months after the coming into force of the present Treaty.
Where
a re-insurance treaty becomes void under this paragraph, there shall
be an adjustment of accounts between the parties in respect both of
premiums paid and payable and of liabilities for losses in respect
of life or marine risks which had attached before the war. In the
case of risks other than those mentioned in paragraphs 11 to 18 the
adjustment of accounts shall be made as at the date of the parties
becoming enemies without regard to claims for losses which may have
occurred since that date.
21.
The provisions of the preceding paragraph will extend equally to
re-insurances existing at the date of the parties becoming enemies
of particular risks undertaken by the insurer in a contract of
insurance against any risks other than life or marine risks.
22.
Re-insurance of life risks effected by particular contracts and not
under any general treaty remain in force.
The
provisions of paragraph 12 apply to treaties of re-insurance of life
insurance contracts in which enemy companies are the reinsurers.
23.
In case of a re-insurance effected before the war of a contract of
marine insurance, the cession of a risk which had been ceded to the
re-insurer shall, if it had attached before the outbreak of war,
remain valid and effect be given to the contract notwithstanding the
outbreak of war; sums due under the contract of re-insurance in
respect either of premiums or of losses shall be recoverable after
the war.
24.
The provisions of paragraphs 17 and 18 and the last part of
paragraph 16 shall apply to contracts for the re-insurance of marine
risks.
(a)
Within three months from the date of the coming into force of the
present Treaty, a Mixed Arbitral Tribunal shall be established
between each of the Allied and Associated Powers on the one hand and
Germany on the other hand. Each such Tribunal shall consist of three
members. Each of the Governments concerned shall appoint one of
these members. The President shall be chosen by agreement between
the two Governments concerned.
In
case of failure to reach agreement, the President of the Tribunal
and two other persons, either of whom may in case of need take his
place, shall be chosen by the Council of the League of Nations, or,
until this is set up, by M. Gustave Ador if he is willing. These
persons shall be nationals of Powers that have remained neutral
during the war.
If
any Government does not proceed within a period of one month in case
there is a vacancy to appoint a member of the Tribunal, such member
shall be chosen by the other Government from the two persons
mentioned above other than the President.
The
decision of the majority of the members of the Tribunal shall be the
decision of the Tribunal.
(b)
The Mixed Arbitral Tribunals established pursuant to paragraph (a),
shall decide all questions within their competence under Sections
III, IV, V and VII.
In
addition, all questions, whatsoever their nature, relating to
contracts concluded before the coming into force of the present
Treaty between nationals of the Allied and Associated Powers and
German nationals shall be decided by the Mixed Arbitral Tribunal,
always excepting questions which, under the laws of the Allied,
Associated or Neutral Powers, are within the jurisdiction of the
National Courts of those Powers. Such questions shall be decided by
the National Courts in question, to the exclusion of the Mixed
Arbitral Tribunal. The party who is a national of an Allied or
Associated Power may nevertheless bring the case before the Mixed
Arbitral Tribunal if this is not prohibited by the laws of his
country.
(c)
If the number of cases justifies it, additional members shall be
appointed and each Mixed Arbitral Tribunal shall sit in divisions.
Each of these divisions will be constituted as above.
(d)
Each Mixed Arbitral Tribunal will settle its own procedure except in
so far as it is provided in the following Annex, and is empowered to
award the sums to be paid by the loser in respect of the costs and
expenses of the proceedings.
(e)
Each Government will pay the remuneration of the member of the Mixed
Arbitral Tribunal appointed by it and of any agent whom it may
appoint to represent it before the Tribunal. The remuneration of the
President will be determined by special agreement between the
Governments concerned; and this remuneration and the joint expenses
of each Tribunal will be paid by the two Governments in equal
moieties.
(f)
The High Contracting Parties agree that their courts and authorities
shall render to the Mixed Arbitral Tribunals direct all the
assistance in their power, particularly as regards transmitting
notices and collecting evidence.
(g)
The High Contracting Parties agree to regard the decisions of the
Mixed Arbitral Tribunal as final and conclusive, and to render them
binding upon their nationals.
1.
Should one of the members of the Tribunal either die, retire, or be
unable for any reason whatever to discharge his function, the same
procedure will be followed for filling the vacancy as was followed
for appointing him.
2.
The Tribunal may adopt such rules of procedure as shall be in
accordance with justice and equity and decide the order and time at
which each party must conclude its arguments, and may arrange all
formalities required for dealing with the evidence.
3.
The agent and counsel of the parties on each side are authorised to
present orally and in writing to the Tribunal arguments in Support
or in defence of each case.
4.
The Tribunal shall keep record of the questions and cases submitted
and the proceedings thereon, with the dates of such proceedings.
5.
Each of the Powers concerned may appoint a secretary. These
secretaries shall act together as joint secretaries of the Tribunal
and shall be subject to its direction. The Tribunal may appoint and
employ any other necessary officer or officers to assist in the
performance of its duties.
6.
The Tribunal shall decide all questions and matters submitted upon
such evidence and information as may be furnished by the parties
concerned.
7.
Germany agrees to give the Tribunal all facilities and information
required by it for carrying out its investigations.
8.
The language in which the proceedings shall be conducted shall,
unless otherwise agreed, be English, French, Italian or Japanese, as
may be determined by the Allied or Associated Power concerned.
9.
The place and time for the meetings of each Tribunal shall be
determined by the President of the Tribunal.
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.
Subject
to the stipulations of the present Treaty, rights of industrial,
literary and artistic property, as such property is defined by the
International Conventions of Paris and of Berne, mentioned in
Article 286, shall be re-established or restored, as from the coming
into force of the present Treaty, in the territories of the High
Contracting Parties, in favour of the persons entitled to the
benefit of them at the moment when the state of war commenced or
their legal representatives. Equally, rights which, except for the
war, would have been acquired during the war in consequence of an
application made for the protection of industrial property, or the
publication of a literary or artistic work, shall be recognised and
established in favour of those persons who would have been entitled
thereto, from the coming into force of the present Treaty.
Nevertheless,
all acts done by virtue of the special measures taken during the war
under legislative, executive or administrative authority of any
Allied or Associated Power in regard to the rights of German
nationals in industrial, literary or artistic property shall remain
in force and shall continue to maintain their full effect.
No
claim shall be made or action brought by Germany or German nationals
in respect of the use during the war by the Government of any Allied
or Associated Power, or by any persons acting on behalf or with the
assent of such Government, of any rights in industrial, literary or
artistic property, nor in respect of the sale, offering for sale, or
use of any products, articles or apparatus whatsoever to which such
rights applied.
Unless
the legislation of any one of the Allied or Associated Powers in
force at the moment of the signature of the present Treaty otherwise
directs, sums due or paid in virtue of any act or operation
resulting from the execution of the special measures mentioned in
paragraph l of this Article shall be dealt with in the same way as
other sums due to German nationals are directed to be dealt with by
the present Treaty; and sums produced by any special measures taken
by the German Government in respect of rights in industrial,
literary or artistic property belonging to the nationals of the
Allied or Associated Powers shall be considered and treated in the
same way as other debts due from German nationals.
Each
of the Allied and Associated Powers reserves to itself the right to
impose such limitations, conditions or restrictions on rights of
industrial, literary or artistic property (with the exception of
trade-marks) acquired before or during the war, or which may be
subsequently acquired in accordance with its legislation, by German
nationals, whether by granting licences, or by the working, or by
preserving control over their exploitation, or in any other way, as
may be considered necessary for national defence, or in the public
interest, or for assuring the fair treatment by Germany of the
rights of industrial, literary and artistic property held in German
territory by its nationals, or for securing the due fulfilment of
all the obligations undertaken by Germany in the present Treaty. As
regards rights of industrial, literary and artistic property
acquired after the coming into force of the present Treaty, the
right so reserved by the Allied and Associated Powers shall only be
exercised in cases where these limitations, conditions or
restrictions may be considered necessary for national defence or in
the public interest.
In
the event of the application of the provisions of the preceding
paragraph by any Allied or Associated Power, there shall be paid
reasonable indemnities or royalties, which shall be dealt with in
the same way as other sums due to German nationals are directed to
be dealt with by the present Treaty.
Each
of the Allied or Associated Powers reserves the right to treat as
void and of no effect any transfer in whole or in part of or other
dealing with rights of or in respect of industrial, literary or
artistic property effected after August 1, 1914, or in the future,
which would have the result of defeating the objects of the
provisions of this Article.
The
provisions of this Article shall not apply to rights in industrial,
literary or artistic property which have been dealt with in the
liquidation of businesses or companies under war legislation by the
Allied or Associated Powers, or which may be so dealt with by virtue
of Article 297, paragraph (b).
A
minimum of one year after the coming into force of the present
Treaty shall be accorded to the nationals of the High Contracting
Parties, without extension fees or other penalty, in order to enable
such persons to accomplish any act, fulfil any formality, pay any
fees, and generally satisfy any obligation prescribed by the laws or
regulations of the respective States relating to the obtaining,
preserving, or opposing rights to, or in respect of, industrial
property either acquired before August 1, 1914, or which, except for
the war, might have been acquired since that date as a result of an
application made before the war or during its continuance, but
nothing in this Article shall give any right to reopen interference
proceedings in the United States of America where a final hearing
has taken place.
All
rights in, or in respect of, such property which may have lapsed by
reason of any failure to accomplish any act, fulfil any formality,
or make any payment, shall revive, but subject in the case of
patents and designs to the imposition of such conditions as each
Allied or Associated Power may deem reasonably necessary for the
protection of persons who have manufactured or made use of the
subject matter of such property while the rights had lapsed.
Further, where rights to patents or designs belonging to German
nationals are revived under this Article, they shall be subject in
respect of the grant of licences to the same provisions as would
have been applicable to them during the war, as well as to all the
provisions of the present Treaty.
The
period from August 1, 1914, until the coming into force of the
present Treaty shall be excluded in considering the time within
which a patent should be worked or a trade mark or design used, and
it is further agreed that no patent, registered trade mark or design
in force on August 1, 1914, shall be subject to revocation or
cancellation by reason only of the failure to work such patent or
use such trade mark or design for two years after the coming into
force of the present Treaty.
The
rights of priority, provided by Article 4 of the International
Convention for the Protection of Industrial Property of Paris, of
March 20, 1883, revised at Washington in 1911 or by any other
Convention or Statute, for the filing or registration of
applications for patents or models of utility, and for the
registration of trade marks, designs and models which had not
expired on August 1, 1914, and those which have arisen during the
war, or would have arisen but for the war, shall be extended by each
of the High Contracting Parties in favour of all nationals of the
other High Contracting Parties for a period of six months after the
coming into force of the present Treaty.
Nevertheless,
such extension shall in no way affect the right of any of the High
Contracting Parties or of any person who before the coming into
force of the present Treaty was bona fide in possession of any
rights of industrial property conflicting with rights applied for by
another who claims rights of priority in respect of them, to
exercise such rights by itself or himself personally, or by such
agents or licensees as derived their rights from it or him before
the coming into force of the present Treaty; and such persons shall
not be amenable to any action or other process of law in respect of
infringement.
No
action shall be brought and no claim made by persons residing or
carrying on business within the territories of Germany on the one
part and of the Allied or Associated Powers on the other, or persons
who are nationals of such Powers respectively, or by any one
deriving title during the war from such persons, by reason of any
action which has taken place within the territory of the other party
between the date of the declaration of war and that of the coming
into force of the present Treaty, which might constitute an
infringement of the rights of industrial property or rights of
literary and artistic property, either existing at any time during
the war or revived under the provisions of Articles 307 and 308.
Equally,
no action for infringement of industrial, literary or artistic
property rights by such persons shall at any time be permissible in
respect of the sale or offering for sale for a period of one year
after the signature of the present Treaty in the territories of the
Allied or Associated Powers on the one hand or Germany on the other,
of products or articles manufactured, or of literary or artistic
works published, during the period between the declaration of war
and the signature of the present Treaty, or against those who have
acquired and continue to use them. It is understood, nevertheless,
that this provision shall not apply when the possessor of the rights
was domiciled or had an industrial or commercial establishment in
the districts occupied by Germany during the war.
This
Article shall not apply as between the United States of America on
the one hand and Germany on the other.
Licenses
in respect of industrial, literary or artistic property concluded
before the war between nationals of the Allied or Associated Powers
or persons residing in their territory or carrying on business
therein, on the one part, and German nationals, on the other part,
shall be considered as cancelled as from the date of the declaration
of war between Germany and the Allied or Associated Power. But, in
any case, the former beneficiary of a contract of this kind shall
have the right, within a period of six months after the coming into
force of the present Treaty, to demand from the proprietor of the
rights the grant of a new license, the conditions of which, in
default of agreement between the parties, shall be fixed by the duly
qualified tribunal in the country under whose legislation the rights
had been acquired, except in the case of licenses held in respect of
rights acquired under German law. In such cases the conditions shall
be fixed by the Mixed Arbitral Tribunal referred to in Section VI of
this Part. The tribunal may, if necessary, fix also the amount which
it may deem just should be paid by reason of the use of the rights
during the war.
No
license in respect of industrial, literary or artistic property,
granted under the special war legislation of any Allied or
Associated Power, shall be affected by the continued existence of
any license entered into before the war, but shall remain valid and
of full effect, and a license so granted to the former beneficiary
of a license entered into before the war shall be considered as
substituted for such license.
Where
sums have been paid during the war by virtue of a license or
agreement concluded before the war in respect of rights of
industrial property or for the reproduction or the representation of
literary, dramatic or artistic works, these sums shall be dealt with
in the same manner as other debts or credits of German nationals, as
provided by the present Treaty.
This
Article shall not apply as between the United States of America on
the one hand and Germany on the other.
The
inhabitants of territories separated from Germany by virtue of the
present Treaty shall, notwithstanding this separation and the change
of nationality consequent thereon, continue to enjoy in Germany all
the rights in industrial, literary and artistic property to which
they were entitled under German legislation at the time of the
separation.
Rights
of industrial, literary, and artistic property which are in force in
the territories separated from Germany under the present Treaty at
the moment of the separation of these territories from Germany, or
which will be re-established or restored in accordance with the
provisions of Article 306 of the present Treaty, shall be recognised
by the State to which the said territory is transferred and shall
remain in force in that territory for the same period of time given
them under the German law.
Without
prejudice to the provisions contained in other Articles of the
present Treaty, the German Government undertakes to transfer to any
Power to which German territory in Europe is ceded, and to any Power
administering former German territory as a mandatory under Article
22 of Part I (League of Nations), such portion of the reserves
accumulated by the Government of the German Empire or of German
States, or by public or private organisations under their control,
as is attributable to the carrying on of Social or State Insurance
in such territory.
The
Powers to which these funds are transferred must apply them to the
performance of the obligations arising from such insurances
The
conditions of the transfer will be determined by special conventions
to be concluded between the German Government and the Governments
concerned.
In
case these special conventions are not concluded in accordance with
the above paragraph within three months after the coming into force
of the present Treaty, the conditions of transfer shall in each case
be referred to a Commission of five members one of whom shall be
appointed by the German Government, one by the other interested
Government and three by the Governing Body of the International
Labour Office from the nationals of other States. This Commission
shall by majority vote, within three months after appointment adopt
recommendations for submission to the Council of the League of
Nations, and the decisions of the Council shall forthwith be
accepted as final by Germany
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