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Germany
undertakes to recognise the full force of the Treaties of Peace and
Additional Conventions which may be concluded by the Allied and
Associated Powers with the Powers who fought on the side of Germany
and to recognise whatever dispositions nay be made concerning the
territories of the former Austro-Hungarian Monarchy, of the Kingdom
of Bulgaria and of the Ottoman Empire, and to recognise the new
States within their frontiers as there laid down.
The
High Contracting Parties, while they recognise the guarantees
stipulated by the Treaties of 1815, and especially by the Act of
November 20, l815, in favour of Switzerland, the said guarantees
constituting international obligations for the maintenance of peace,
declare nevertheless that the provisions of these treaties,
conventions, declarations and other supplementary Acts concerning
the neutralized zone of Savoy, as laid down in paragraph 1 of
Article 92 of the Final Act of the Congress of Vienna and in
paragraph 2 of Article 3 of the Treaty of Paris of November 20,
1815, are no longer consistent with present conditions. For this
reason the High Contracting Parties take note of the agreement
reached between the French Government and the Swiss Government for
the abrogation of the stipulations relating to this zone which are
and remain abrogated.
The
High Contracting Parties also agree that the stipulations of the
Treaties of 1815 and of the other supplementary Acts concerning the
free zones of Upper Savoy and the Gex district are no longer
consistent with present conditions, and that it is for France and
Switzerland to come to an agreement together with a view to settling
between themselves the status of these territories under such
conditions as shall be considered suitable by both countries.
I. The Swiss Federal Council
has informed the French Government on May 5, 1919, that after
examining the provisions of Article 435 in a like spirit of sincere
friendship it has happily reached the conclusion that it was
possible to acquiesce in it under the following conditions and
reservations:
(1)
The neutralised zone of Haute-Savoie:
(a)
It will be understood that as long as the Federal Chambers have not
ratified the agreement come to between the two Governments
concerning the abrogation of the stipulations in respect of the
neutralised zone of Savoy, nothing will be definitively settled, on
one side or the other, in regard to this subject.
(b)
The assent given by the Swiss Government to the abrogation of the
above mentioned stipulations presupposes, in conformity with the
text adopted, the recognition of the guarantees formulated in favour
of Switzerland by the Treaties of 1815 and particularly by the
Declaration of November 20, 1815.
(c)
The agreement between the Governments of France and Switzerland for
the abrogation of the above mentioned stipulations will only be
considered as valid if the Treaty of Peace contains this Article in
its present wording. In addition the Parties to the Treaty of Peace
should endeavour to obtain the assent of the signatory Powers of the
Treaties of 1815 and of the Declaration of November 20, 1815, which
are not signatories of the present Treaty of Peace.
(2)
Free zone of Haute-Savoie and the district of Gex:
(a)
The Federal Council makes the most express reservations to the
interpretation to be given to the statement mentioned in the last
paragraph of the above Article for insertion in the Treaty of Peace,
which provides that ,,the stipulations of the Treaties of 1815 and
other supplementary acts concerning the free zones of Haute-Savoie
and the Gex district are no longer consistent with present
conditions.,, The Federal Council would not wish that its acceptance
of the above wording should lead to the conclusion that it would
agree to the suppression of a system intended to give neighbouring
territory the benefit of a special regime which is appropriate to
the geographical and economical situation and which has been well
tested.
In
the opinion of the Federal Council the question is not the
modification of the customs system of the zones as set up by the
Treaties mentioned above, but only the regulation in a manner more
appropriate to the economic conditions of the present day of the
terms of the exchange of goods between the regions in question. The
Federal Council has been led to make the preceding observations by
the perusal of the draft Convention concerning the future
constitution of the zones which was annexed to the note of April 26
from the French Government. While making the above reservations the
Federal Council declares its readiness to examine in the most
friendly spirit any proposals which the French Government may deem
it convenient to make on the subject.
(b)
It is conceded that the stipulations of the Treaties of 1815 and
other supplementary acts relative to the free zones will remain in
force until a new arrangement is come to between France and
Switzerland to regulate matters in this territory.
II.
The French Government have addressed to the Swiss Government, on May
18, 1919, the following note in reply to the communication set out
in the preceding paragraph:
In
a note dated May 5 the Swiss Legation in Paris was good enough to
inform the Government of the French Republic that the Federal
Government adhered to the proposed Article to be inserted in the
Treaty of Peace between the Allied and Associated Governments and
Germany.
The
French Government have taken note with much pleasure of the
agreement thus reached, and, at their request, the proposed Article,
which had been accepted by the Allied and Associated Governments,
has been inserted under No. 435 in the Peace conditions presented to
the German Plenipotentiaries.
The
Swiss Government, in their note of May 5 on this subject, have
expressed various views and reservations.
Concerning
the observations relating to the free zones of Haute-Savoie and the
Gex district, the French Government have the honour to observe that
the provisions of the last paragraph of Article 435 are so clear
that their purport cannot be misapprehended, especially where it
implies that no other Power but France and Switzerland will in
future be interested in that question.
The
French Government, on their part, are anxious to protect the
interests of the French territories concerned, and, with that
object, having their special situation in view, they bear in mind
the desirability of assuring them a suitable customs regime and
determining, in a manner better suited to present conditions, the
methods of exchanges between these territories and the adjacent
Swiss territories, while taking into account the reciprocal
interests of both regions.
It
is understood that this must in no way prejudice the right of France
to adjust her customs line in this region in conformity with her
political frontier, as is done on the other portions of her
territorial boundaries, and as was done by Switzerland long ago on
her own boundaries in this region
The
French Government are pleased to note on this subject in what a
friendly disposition the Swiss Government take this opportunity of
declaring their willingness to consider any French proposal dealing
with the system to be substituted for the present regime of the said
free zones, which the French Government intend to formulate in the
same friendly spirit.
Moreover,
the French Government have no doubt that the provisional maintenance
of the regime of 1815 as to the free zones referred to in the above
mentioned paragraph of the note from the Swiss Legation of May 5,
whose object is to provide for the passage from the present regime
to the conventional regime, will cause no delay whatsoever in the
establishment of the new situation which has been found necessary by
the two Governments. This remark applies also to the ratification by
the Federal Chambers, dealt with in paragraph 1 (a), of the Swiss
note of May 5, under the heading "Neutralised zone of Haute-Savoie."
The
High Contracting Parties declare and place on record that they have
taken note of the Treaty signed by the Government of the French
Republic on July 17, 1918, with His Serene Highness the Prince of
Monaco defining the relations between France and the Principality
The
High Contracting Parties agree that, in the absence of a subsequent
agreement to the contrary, the Chairman of any Commission
established by the present Treaty shall in the event of an equality
of votes be entitled to a second vote.
The
Allied and Associated Powers agree that where Christian religious
missions were being maintained by German societies or persons in
territory belonging to them, or of which the government is entrusted
to them in accordance with the present Treaty, the property which
these missions or missionary societies possessed, including that of
trading societies whose profits were devoted to the support of
missions, shall continue to be devoted to missionary purposes. In
order to ensure the due execution of this undertaking the Allied and
Associated Governments will hand over such property to boards of
trustees appointed by or approved by the Governments and composed of
persons holding the faith of the Mission whose property is involved.
The
Allied and Associated Governments, while continuing to maintain full
control as to the individuals by whom the Missions are conducted,
will safeguard the interests of such Missions.
Germany,
taking note of the above undertaking, agrees to accept all
arrangements made or to be made by the Allied or Associated
Government concerned for carrying on the work of the said missions
or trading societies and waives all claims on their behalf.
Without
prejudice to the provisions of the present Treaty, Germany
undertakes not to put forward directly or indirectly against any
Allied or Associated Power, signatory of the present Treaty,
including those which without having declared war, have broken off
diplomatic relations with the German Empire, any pecuniary claim
based on events which occurred at any time before the coming into
force of the present Treaty.
The
present stipulation will bar completely and finally all claims of
this nature, which will be thenceforward extinguished, whoever may
be the parties in interest.
Germany
accepts and recognises as valid and binding all decrees and orders
concerning German ships and goods and all orders relating to the
payment of costs made by any Prize Court of any of the Allied or
Associated Powers, and undertakes not to put forward any claim
arising out of such decrees or orders on behalf of any German
national.
The
Allied and Associated Powers reserve the right to examine in such
manner as they may determine all decisions and orders of German
Prize Courts, whether affecting the property rights o, nationals of
those Powers or of neutral Powers. Germany agrees to furnish copies
of all the documents constituting the record of the cases, including
the decisions and orders made, and to accept and give effect to the
recommendations made after such examination of the cases.
THE
PRESENT TREATY, of which the French and English texts are both
authentic, shall be ratified.
The
deposit of ratifications shall be made at Paris as soon as possible.
Powers
of which the seat of the Government is outside Europe will be
entitled merely to inform the Government of the French Republic
through their diplomatic representative at Paris that their
ratification has been given; in that case they must transmit the
instrument of ratification as soon as possible.
A
first proces-verbal of the deposit of ratifications will be drawn up
as soon as the Treaty has been ratified by Germany on the one hand,
and by three of the Principal Allied and Associated Powers on the
other hand.
From
the date of this first proces-verbal the Treaty will come into force
between the High Contracting Parties who have ratified it. For the
determination of all periods of time provided for in the present
Treaty this date will be the date of the coming into force of the
Treaty.
In
all other respects the Treaty will enter into force for each Power
at the date of the deposit of its ratification.
The
French Government will transmit to all the signatory Powers a
certified copy of the proces-verbaux of the deposit of
ratifications.
IN
FAITH WHEREOF the above-named Plenipotentiaries have signed the
present Treaty.
Done
at Versailles, the twenty-eighth day of June, one thousand nine
hundred and nineteen, in a single copy which will remain deposited
in the archives of the French Republic, and of which authenticated
copies will be transmitted to each of the Signatory Powers.
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