|
Preamble
Part I (Articles 1-26): The Covenant of the League of Nations
Part II(Articles 27-35): Frontiers of Austria
Part III (Articles 36-94): Political clauses for Europe
Part IV (Article 95-117): Austrian interests outside Europe
Part V (Articles 118-159): Military, naval and air clauses
Part VI (Articles 160-172): Prisoners of war and graves
Part VII (Articles 173-176): Penalties
Part VIII (Articles 177-196): Reparation
Part IX (Articles 197-216): Financial clauses
Part X (Articles 217-275): Economic clauses
Part XI (Articles 276-283): Aerial navigation
Part XII (Articles 284-331): Ports, waterways and railways
Part XIII (Articles 332-372): Labour [International Labour Organisation]
Part XIV (Articles 373-381): Miscellaneous provisions
Map
PROTOCOL [to
Treaty of Peace] (St. Germain-en-Laye, 10 September 1919)
DECLARATION (St.
Germain-en-Laye, 10 September 1919)
SPECIAL
DECLARATION (St. Germain-en-Laye, 10 September 1919)
For information:
Protocol of the
Armistice between the Allied Governments and Austria-Hungary (Villa
Giusti, 3 November 1918)
Supplement to
Protocol (Villa Giusti, 3 November 1918)
Treaty of Peace
between Austria and the United States of America (Vienna, 24 August
1921)
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED
POWERS AND AUSTRIA
THE UNITED
STATES OF AMERICA, THE BRITISH EMPIRE, FRANCE, ITALY and JAPAN, these
Powers being described in the present Treaty as the Principal Allied and
Associated Powers;
BELGIUM, CHINA,
CUBA, GREECE, NICARAGUA, PANAMA, POLAND, PORTUGAL, ROUMANIA, THE
SERB-CROAT-SLOVENE STATE, SIAM and CZECHO-SLOVAKIA, these Powers
constituting, with the Principal Powers mentioned above, the Allied and
Associated Powers, of the one part;
And AUSTRIA, of
the other part;
WHEREAS
on the request of the former Imperial and Royal Austro-Hungarian
Government an Armistice was granted to Austria-Hungary on 3 November
1918 by the Principal Allied and Associated Powers in order that a
Treaty of Peace might be concluded, and
WHEREAS
the Allied and Associated Powers are equally desirous that the war in
which certain among them were successively involved, directly or
indirectly, against Austria-Hungary, and which originated in the
declaration of war against Serbia on 28 July 1914 by the former Imperial
and Royal Austro-Hungarian Government, and in the hostilities conducted
by Germany in alliance with Austria-Hungary, should be replaced by a
firm, just and durable Peace, and
WHEREAS
the former Austro-Hungarian Monarchy has now ceased to exist, and has
been replaced in Austria by a republican government, and
WHEREAS
the Principal Allied and Associated Powers have already recognized that
the Czecho-Slovak State, in which are incorporated certain portions of
the said Monarchy, is a free, independent and allied State, and
WHEREAS
the said Powers have also recognised the union of certain portions of
the said Monarchy with the territory of the Kingdom of Serbia as a free,
independent and allied State, under the name of the Serb-Croat-Slovene
State, and
WHEREAS
it is necessary, while restoring peace, to regulate the situation which
has arisen from the dissolution of the said Monarchy and the formation
of the said States, and to establish the government of these countries
on a firm foundation of justice and equity;
For this purpose
the HIGH CONTRACTING PARTIES represented as follows:
The President of
the United States of America, by:
The Honourable
Frank Lyon Polk, Under Secretary of State;
The Honourable
Henry White, formerly Ambassador Extraordinary and Plenipotentiary of
the United States of America at Rome and Paris;
General Tasker H
Bliss, Military Representative of the Untied States on the Supreme War
Council;
His Majesty the
King of the United Kingdom of Great Britain and Ireland and of the
British Dominions beyond the Seas, Emperor of India, by:
The Right
Honourable Arthur James Balfour OM, MP, His Secretary of State for
Foreign Affairs;
The Right
Honourable Andrew Bonar Law MP, His Lord Privy Seal;
The Right
Honourable Viscount Milner GCB, GCMG, His Secretary of State for the
Colonies;
The Right
Honourable George Nicoll Barnes MP, Minister without portfolio;
And for the
Dominion of Canada, by:
The Honourable
Sir Albert Edward Kemp KCMG, Minister of the Overseas Forces;
For the
Commonwealth of Australia, by:
The Honourable
George Foster Pearce, Minister of Defence;
For the Union of
South Africa, by:
The Right
Honourable Viscount Milner GCB, GCMG;
For the Dominion
of New Zealand, by:
The Honourable
Sir Thomas Mackenzie KCMG, High Commissioner for New Zealand in the
United Kingdom;
For India, by:
The Right
Honourable Baron Sinha KC, Under Secretary of State for India;
The President of
the French Republic, by:
Mr Georges
Clemenceau, President of the Council, Minister of War;
Mr Stephen
Pichon, Minister for Foreign Affairs;
Mr Louis-Lucien
Klotz, Minister of Finance;
Mr André Tardieu,
Commissary General for Franco-American Military Affairs;
Mr Jules Cambon,
Ambassador of France;
His Majesty the
King of Italy, by:
The Honourable
Tommaso Tittoni, Senator of the Kingdom, Minister for Foreign Affairs;
The Honourable
Vittorio Scialoja, Senator of the Kingdom;
The Honourable
Maggiorino Ferraris, Senator of the Kingdom;
The Honourable
Guglielmo Marconi, Senator of the Kingdom;
The Honourable
Silvio Crespi, Deputy;
His Majesty the
Emperor of Japan, by:
Viscount Chinda,
Ambassador Extraordinary and Plenipotentiary of HM the Emperor of Japan
at London;
Mr K Matsui,
Ambassador Extraordinary and Plenipotentiary of HM the Emperor of Japan
at Paris;
Mr H Ijuin,
Ambassador Extraordinary and Plenipotentiary of HM the Emperor of Japan
at Rome;
His Majesty the
King of the Belgians, by:
Mr Paul Hymans,
Minister for Foreign Affairs, Minister of State;
Mr Jules van den
Heuvel, Envoy Extraordinary and Minister Plenipotentiary, Minister of
State;
Mr Emile
Vandervelde, Minister of Justice, Minister of State;
The President of
the Chinese Republic, by:
Mr Lou Tseng-Tsiang,
Minister for Foreign Affairs;
Mr Chengting
Thomas Wang, formerly Minister of Agriculture and Commerce;
The President of
the Cuban Republic, by:
Mr Antonio
Sanchez de Bustamante, Dean of the Faculty of Law in the University of
Havana, President of the Cuban Society of International Law;
His Majesty the
King of the Hellenes, by:
Mr Nicolas
Politis, Minister for Foreign Affairs;
Mr Athos Romanos,
Envoy Extraordinary and Minister Plenipotentiary to the French Republic;
The President of
the Republic of Nicaragua, by:
Mr Salvador
Chamorro, President of the Chamber of Deputies;
The President of
the Republic of Panama, by:
Mr Antonio
Burgos, Envoy Extraordinary and Minister Plenipotentiary of Panama at
Madrid;
The President of
the Polish Republic, by:
Mr Ignace J
Paderewski, President of the Council of Ministers, Minister for Foreign
Affairs;
Mr Roman Dmowski,
President of the Polish National Committee;
The President of
the Portuguese Republic, by:
Dr Affonso da
Costa, formerly President of the Council of Ministers;
Dr Augusto Luiz
Vieira Soares, formerly Minister for Foreign Affairs;
His Majesty the
King of Roumania, by:
M. Nicolas Misu,
Envoy Extraordinary and Minister Plenipotentiary of Roumania at London;
Dr Alexander
Vaida-Voevod, Minister without portfolio;
His Majesty the
King of the Serbs, the Croats and the Slovenes, by:
Mr Nicolas P
Pachitch, formerly President of the Council of Ministers;
Mr Ante Trumbic,
Minister for Foreign Affairs;
Mr Ivan Zolger,
Doctor of Law;
His Majesty the
King of Siam, by:
His Highness
Prince Charoon, Envoy Extraordinary and Minister Plenipotentiary of HM
the King of Siam at Paris;
His Serene
Highness Prince Traidos Prabandhu, Under Secretary of State for Foreign
Affairs;
The President of
the Czecho-Slovak Republic, by:
Mr Karel Kramàø,
President of the Council of Ministers;
Mr Eduard Benés,
Minister for Foreign Affairs;
The Republic of
Austria, by:
Mr Charles
Renner, Chancellor of the Republic of Austria;
WHO, having
communicated their full powers, found in good and true form,
HAVE AGREED AS
FOLLOWS:
From the coming
into force of the present Treaty the state of war will terminate.
From that
moment, and subject to the provisions of the present Treaty, official
relation will exist between the Allied and Associated Powers and the
Republic of Austria.
top
PART I
THE COVENANT OF
THE LEAGUE OF NATIONS
Articles 1-26 contained
the
Covenant of the League of Nations
top
PART II
FRONTIERS OF
AUSTRIA
Article 27
The frontiers of
Austria shall be fixed as follows (see annexed Map):
1. With
Switzerland and Lichtenstein:
The present
frontier.
2. With Italy:
From the point
2645 (Gruben J.) eastwards to point 2915 (K1opaier Spitz),
a line to be
fixed on the ground passing through point 1483 on the Reschen-Nauders
road;
thence eastwards
to the summit of Dreiherrn Spitz (point 3505),
the watershed
between the basins of the Inn to the north and the Adige, to the south;
thence generally
south-south eastwards to Point 2545 (Marchkinkele),
the watershed
between the basins of the Drave to the east and the Adige to the west;
thence
south-eastwards to point 2483 (Helm Spitz),
a line to be
fixed on the ground crossing the Drave between Winnbach and Arnbach;
thence
east-south-eastwards to point 2050 (Osternig) about 9 kilometres
north-west of Tarvis,
the watershed
between the basins of the Drave on the north and successively the basins
of the Sextenbach, the Piave and the Tagliamento on the south;
thence
east-south-eastwards to point 1492 (about 2 kilometres west of Thörl),
the watershed
between the Gail and the Gailitz;
thence eastwards
to point 1509 (Pec),
a line to be
fixed on the ground cutting the Gailitz south of the town and station of
Thörl and passing through point 1270 (Cabin Berg).
3. On the South,
and then with the Klagenfurt area subject to the provisions of Section
II of Part III (Political Clauses for Europe):
From point 1509
(Pec) eastwards to point 1817 (Malestiger),
the crest of the
Karavanken;
from point 1817
(Malestiger) and in a north-easterly direction as far as the Drave at a
point situated about 1 kilometre south-east of the railway bridge on the
eastern branch of the bend made by that river about 6 kilometres east of
Villach,
a line to be
fixed on the ground cutting the railway between Mallestig and Faak and
passing through point 666 (Polana);
thence in a
south-easterly direction to a point about 2 kilometres above St. Martin,
the course of
the Drave;
thence in a
northerly direction as far as point 871, about 10 kilometres to the
east-north-east of Villach,
a line running
approximately from south to north to be fixed on the ground;
thence
east-north-eastwards to a point to be chosen near point 725 about 10
kilometres north-west of Klagenfurt on the administrative boundary
between the districts of St Veit and Klagenfurt,
a line to be
fixed on the ground passing through points 1069 (Taubenbühel), 1045 (Gallinberg),
and 815 (Freudenberg);
thence eastwards
to a point to be chosen on the ground west of point 1075 (Steinbruch
Kogel),
the
administrative boundary between the districts of St. Veit and Klagenfurt;
thence
north-eastwards to the point on the Gurk where the administrative
boundary of the district of Völkermarkt leaves that river,
a line to be
fixed on the ground passing through point 1076;
thence
north-eastwards to point 1899 (Speikkogl),
the
administrative boundary between the districts of St Veit and Völkermarkt;
thence
south-eastwards to point 842 (1 kilometre west of Kasparstein),
the
north-eastern boundary of the district of Völkermarkt;
thence eastwards
to point 1522 (Hühner Kogel),
a line to be
fixed on the ground passing north of Lavamünd.
4. With the
Serb-Croat-Slovene State, subject to the provisions of Section II of
Part III (Political Clauses for Europe):
From point 1522
(Hühner Kogel) eastwards to point 917 (St Lorenzen),
a line to be
fixed on the ground passing through point 1330;
thence eastwards
to the point where it meets the administrative boundary between the
districts of Marburg and Leibnitz,
the watershed
between the basins of the Drave to the south and the Saggau to the
north;
thence
north-eastwards to the point where this administrative boundary meets
the Mur,
the
abovementioned administrative boundary;
thence to the
point where it meets the old frontier of 1867 between Austria and
Hungary about 5 kilometres south-east of Radkersburg,
the principal
course of the Mur downstream;
thence
northwards to a point to be fixed east of point 400 about 16 kilometres
north of Radkersburg,
the old frontier
of 1867 between Austria and Hungary;
thence
north-eastwards to a point to be fixed on the watershed between the
basins of the Raab and the Mur about 2 kilometres east of Toka, being
the point common to the three frontiers of Austria, Hungary and the
Serb-Croat-Slovene State,
a line to be
fixed on the ground, passing between the villages of Bonisfalva and
Gedoudvar.
5. With Hungary:
From the point
above defined north-eastwards to point 353 about 6 kilometres
north-north-east of Szentgotthard,
a line to be
fixed on the ground passing through point 353 (Janke B.), then west of
the Radkersburg-Szentgotthard road and east of the villages of Nagyfalva,
Nemetlak and Rabakresztur;
thence in a
general north-easterly direction to point 234 about 7 kilometres
north-north-east of Pinkamindszent,
a line to be
fixed on the ground passing through point 322 (Hochkogel), then south of
the villages of Zsamand, Nemetbükkös and Karacsfa, and between
Nagysaroslak and Pinkamindszent;
thence
northwards to point 883 (Trött Kö) about 9 kilometres south-west of
Köbszeg,
a line to be
fixed on the ground passing through points 241, 260 and 273, then east
of Nagynarda and Rohoncz and west of Dozmat and Butsching;
thence
north-eastwards to point 265 (Kamenje) about 2 kilometres south-east of
Nikitsch,
a line to be
fixed on the ground, passing south-east of Liebing, Olmod and Locsmand,
and north-west of Köszeg and the road from Köszeg to Salamonfa;
thence
northwards to a point to be selected on the southern shore of Neusiedler
See between Holling and Hidegseg,
a line to be
fixed on the ground, passing east of Nikitsch and Zinkendorf and west of
Kövesd and Nemet-Pereszteg;
thence eastwards
to point 115 situated about 8 kilometres south-west of St Johann,
a line to be
fixed on the ground, crossing the Neusiedler See, passing south of the
island containing point 117, leaving in Hungary the branch railway
running north-westwards from the station of Mexiko as well as the entire
Einser canal, and passing south of Pamhagen;
thence
northwards to a point to be selected about 1 kilometre west of
Antonienhof (east of Kittsee), being the point common to the three
frontiers of Austria, Hungary and the Czecho-Slovak State,
a line to be
fixed on the ground, leaving entirely in Hungarian territory the
Csorna-Karlburg railway and passing west of Wüst-Sommerein and Kr.
Jahrndorf, and east of Andau, Nikelsdorf, D. Jahrndorf and Kittsee.
6. With the
Czecho-Slovak State:
From the point
above defined north-westwards to the bend of the old frontier of 1867
between Austria and Hungary about 21/2 kilometres north-east of Berg,
a line to be
fixed on the ground, cutting the Kittsee-Pressburg road about 2
kilometres north of Kittsee;
thence
northwards to a point to be selected on the principal channel of
navigation of the Danube about 41/2 kilometres upstream from the
Pressburg bridge,
a line to be
fixed on the ground following as much as possible the old frontier of
1867 between Austria and Hungary;
thence westwards
to the confluence of the Morava (March) with the Danube,
the principal
channel of navigation of the Danube;
thence the
course of the Morava upstream, then the course of the Thaya upstream to
a point to be selected about 2 kilometres south-east of the intersection
of the Rabensburg-Themenau road with the Rabensburg-Lundenburg railway;
thence
west-north-westwards to a point on the old administrative boundary
between Lower Austria and Moravia situated about 400 metres south of the
point where this boundary cuts the Nikolsburg-Feldsberg railway,
a line to be
fixed on the ground passing through points 187 (Dlouhyvrch), 221 (Rosenbergen),
223 (Wolfsberg), 291 (Raistenberg), 249 and 279 (Kallerhaide);
thence
west-north-westwards the abovementioned administrative boundary;
thence westwards
to a point to be selected about 3 kilometres east of the village of
Franzensthal,
the old
administrative boundary between Lower Austria and Bohemia;
thence
southwards to point 498 (Gelsenberg) about 5 kilometres north-north-west
of Gmünd,
a line to be
fixed on the ground passing east of the Rottenschachen-Zuggers road
and through
points 537 and 522 (G. Nagel B.);
thence
southwards and then west-north-westwards to a point on the old
administrative boundary between Lower Austria and Bohemia situated about
200 metres north of the point where it cuts the Gratzen-Weitra road,
a line to be
fixed on the ground passing between Zuggers and Breitensee, then through
the most south-easterly point of the railway bridge over the Lainsitz
leaving to Austria the town of Gmünd and to the Czecho-Slovak State the
station and railway works of Gmünd (Wolfshof) and the junction of the
Gmünd-Budweis and Gmünd-Wittingau railways, then passing through points
524 (Grundbühel), 577 (north of Hohenberg) and 681 (Lagerberg);
thence
south-westwards the abovementioned administrative boundary;
thence
north-westwards the old administrative boundary between Bohemia and
Upper Austria to its point of junction with the frontier of Germany.
7. With Germany.
The frontier of
3 August 1914
Article 28
The frontiers
described by the present Treaty are traced, for such parts as are
defined, on the one in a million map attached to the present Treaty. In
case of differences between the text and the map, the text will prevail.
Article 29
Boundary
Commissions, whose composition is fixed by the present Treaty, or will
be fixed by a Treaty between the Principal Allied and Associated Powers
and the, or any, interested States, will have to trace these frontiers
on the ground.
They shall have
the power, not only of fixing those portions which are defined as "a
line to be fixed on the ground", but also, where a request to that
effect is made by one of the States concerned, and the Commission is
satisfied that it is desirable to do so, of revising portions defined by
administrative boundaries; this shall not, however, apply in the case of
international boundaries existing in August 1914, where the task of the
Commissions will be confined to the re-establishment of sign posts and
boundary-marks. They shall endeavour in both cases to follow as nearly
as possible the descriptions given in the Treaties, taking into account
as far as possible administrative boundaries and local economic
interests.
The decisions of
the Commissions will be taken by a majority, and shall be binding on the
parties concerned.
The expenses of
the Boundary Commissions will be borne in equal shares by the two States
concerned.
Article 30
In so far as
frontiers defined by a waterway are concerned, the phrases "course" or
"channel" used in the descriptions of the present Treaty signify, as
regards non-navigable rivers, the median line of the waterway or of its
principal branch, and, as regards navigable rivers, the median line of
the principal channel of navigation. It will, however, rest with the
Boundary Commissions provided for by the present Treaty to specify
whether the frontier line shall follow any changes of the course or
channel which may take place, or whether it shall be definitely fixed by
the position of the course or channel at the time when the present
Treaty comes into force.
Article 31
The various
States interested undertake to furnish to the Commissions all documents
necessary for their tasks, especially authentic copies of agreements
fixing existing or old frontiers, all large scale maps in existence,
geodetic data, surveys completed but unpublished, and information
concerning the changes of frontier watercourses.
They also
undertake to instruct the local authorities to communicate to the
Commissions all documents, especially plans, cadastral and land books,
and to furnish on demand all details regarding property, local economic
relations, and other necessary information.
Article 32
The various
States interested undertake to give assistance to the Boundary
Commissions, whether directly or through local authorities, in
everything that concerns transport, accommodation, labour, material
(signposts, boundary pillars) necessary for the accomplishment of their
mission.
Article 33
The various
States interested undertake to safeguard the trigonometrical points,
signals, posts or frontier marks erected by the Commission.
Article 34
The pillars will
be placed so as to be intervisible; they will be numbered, and their
position and their number will be noted on a cartographic document.
Article 35
The protocols
defining the boundary, and the maps and documents attached thereto will
be made out in triplicate, of which two copies will be forwarded to the
Governments of the limitrophe States and the third to the Government of
the French Republic, which will deliver authentic copies to the Powers
signatories of the present Treaty.
top
PART III
POLITICAL
CLAUSES FOR EUROPE
SECITON I
ITALY
Article 36
Austria
renounces, so far as she is concerned, in favour of Italy all rights and
title over the territory of the former Austro-Hungarian Monarchy
situated beyond the frontiers of Austria laid down in Article 27.2, Part
II (Frontiers of Austria), and lying between those frontiers, the former
Austro-Hungarian frontier, the Adriatic Sea, and the eastern frontier of
Italy as subsequently determined.
Austria
similarly renounces, so far as she is concerned, in favour of Italy all
rights and title over other territory of the former Austro-Hungarian
Monarchy which may be recognised as forming part of Italy by any
treaties which may be concluded for the purpose of completing the
present settlement.
A Commission
composed of five members, one nominated by Italy, three by the other
Principal Allied and Associated Powers, and one by Austria, shall be
constituted within fifteen days from the coming into force of the
present Treaty, to trace on the spot the frontier line between Italy and
Austria.
The decisions of
the Commission will be taken by a majority and shall be binding on the
parties concerned.
Article 37
Notwithstanding
the provisions of Article 269, Part X (Economic Clauses), persons having
their usual residence in the territories of the former Austro-Hungarian
Monarchy transferred to Italy who, during the war, have been outside the
territories of the former Austro-Hungarian Monarchy or have been
imprisoned, interned or evacuated, shall enjoy the full benefit of the
provisions of Articles 252 and 253, Part X (Economic Clauses).
Article 38
A special
Convention will determine the terms of repayment in Austrian currency of
the special war expenditure advanced during the war by territory of the
former Austro-Hungarian Monarchy transferred to Italy or by public
associations in that territory on account of the Austro-Hungarian
Monarchy under its legislation, such as allowances to the families of
persons mobilised, requisitions, billeting of troops, and relief to
persons who have been evacuated.
In fixing the
amount of these sums Austria shall be credited with the amount which the
territory would have contributed to Austria-Hungary to meet the expense
resulting from these payments, this contribution being calculated
according to the proportion of the revenues of the former
Austro-Hungarian Monarchy derived from the territory in 1913.
Article 39
The Italian
Government will collect for its own account the taxes, dues and charges
of every kind leviable in the territories transferred to Italy and not
collected on 3 November 1918.
Article 40
No sum shall be
due by Italy on the ground of her entry into possession of the Palazzo
Venezia at Rome.
Article 41
Subject to the
provisions of Article 208, Part IX (Financial Clauses) relative to the
acquisition of, and payment for, State property and possessions, the
Italian Government is substituted in all the rights which the Austrian
State possessed over all the railways in the territories transferred to
Italy which were administered by the Railway Administration of the said
State and which are actually working or under construction.
The same shall
apply to the rights of the former Austro-Hungarian Monarchy with regard
to railway and tramway concessions within the abovementioned
territories.
The frontier
railway stations shall be determined by a subsequent agreement.
Article 42
Austria shall
restore to Italy within a period of three months all the wagons
belonging to the Italian railways which before the outbreak of war had
passed into Austria and have not returned to Italy.
Article 43
Austria
renounces as from 3 November 1918, on behalf of herself and her
nationals in regard to territories transferred to Italy all rights to
which she may be entitled with regard to the products of the aforesaid
territories under any agreements, stipulations or laws establishing
trusts, cartels or other similar organisations.
Article 44
For a period of
ten years from the coming into force of the present Treaty central
electric power stations situated in Austrian territory and formerly
furnishing electric power to the territories transferred to Italy or to
any establishment the exploitation of which passes to Italy shall be
required to continue furnishing this supply up to an amount
corresponding to the undertakings and contracts in force on 3 November
1918.
Austria further
admits the right of Italy to the free use of the waters of Lake Raibl
and its derivative watercourse and to divert the said waters to the
basin of the Korinitza.
Article 45
1. Judgments
rendered since 4 August 1914 by the courts in the territory transferred
to Italy in civil and commercial cases between the inhabitants of such
territory and other nationals of the former Austrian Empire, or between
such inhabitants and the subjects of the Powers allies of the
Austro-Hungarian Monarchy, shall not be carried into effect until after
endorsement by the corresponding new court in such territory.
2. All decisions
rendered for political crimes or offences since 4 August 1914 by the
judicial authorities of the former Austro-Hungarian Monarchy against
Italian nationals, including persons who obtain Italian nationality
under the present Treaty, shall he annulled.
3. In all
matters relating to proceedings initiated before the coming into force
of the present Treaty before the competent authorities of the territory
transferred to Italy, the Italian and Austrian judicial authorities
respectively shall until the coming into force of a special convention
on this subject be authorised to correspond with each other direct.
Requests thus presented shall be given effect to so far as the laws of a
public character allow in the country to the authorities of which the
request is addressed.
4. All appeals
to the higher Austrian judicial and administrative authorities beyond
the limits of the territory transferred to Italy against decisions of
the administrative or judicial authorities of this territory shall be
suspended. The records shall be submitted to the authorities against
whose decision the appeal was entered. They must be transmitted to the
competent Italian authorities without delay.
5. All other
questions as to jurisdiction, procedure or the administration of justice
will be determined by a special convention between Italy and Austria.
SECTION II
SERB-CROAT-SLOVENE STATE
Article 46
Austria, in
conformity with the action already taken by the Allied and Associated
Powers, recognises the complete independence of the Serb-Croat-Slovene
State.
Article 47
Austria
renounces, so far as she is concerned, in favour of the
Serb-Croat-Slovene State all rights and title over the territories of
the former Austro-Hungarian Monarchy situated outside the frontiers of
Austria as laid down in Article 27, Part II (Frontiers of Austria) and
recognised by the present Treaty, or by any treaties concluded for the
purpose of completing the present settlement, as forming part of the
Serb-Croat-Slovene State.
Article 48
A Commission
consisting of seven members, five nominated by the Principal Allied and
Associated Powers, one by the Serb-Croat-Slovene State, and one by
Austria, shall be constituted within fifteen days from the coming into
force of the present Treaty, to trace on the spot the frontier line
described in Article 27.4, Part II (Frontiers of Austria).
The decisions of
the Commission will be taken by a majority and shall be binding on the
parties concerned.
Article 49
The inhabitants
of the Klagenfurt area will be called upon, to the extent stated below,
to indicate by a vote the State to which they wish the territory to
belong.
The boundaries
of the Klagenfurt area are as follows:
From point 871,
about 10 kilometres to the east-north-east of Villach, southwards to a
point on the Drave about 2 kilometres above St Martin,
a line running
approximately from north to south to be fixed on the ground;
thence in a
north-westerly direction as far as a point about 1 kilometre south-east
of the railway bridge on the eastern branch of the bend formed by the
Drave about 6 kilometres to the east of Villach,
the course of
the Drave;
thence in a
south-westerly direction to point 1817 (Malestiger),
a line to be
fixed on the ground passing through point 666 (Polana) and cutting the
railway between Mallestig and Faak;
thence in an
east-south-easterly direction, then north-east to point 1929 (Guchowa),
the watershed
between the basins of the Drave to the north and the Save to the south;
thence
north-east to point 1054 (Strojna),
a line to be
fixed on the ground following in a general manner the western boundary
of the basin of the Miess, passing through points 1558, 2124 and 1185;
thence
north-east to point 1522 (Hühner Kogel),
a line to be
fixed on the ground, crossing the Drave to the south of Lavamünd;
thence westwards
to point 842, 1 kilometre west of Kasparstein,
a line to be
fixed on the ground passing to the north of Lavamünd;
thence as far as
point 1899 (Speikkogl),
the
north-eastern administrative boundary of the district of Völkermarkt;
thence in a
south-westerly direction and as far as the River Gurk,
the
north-western administrative boundary of the district of Völkermarkt;
thence in a
south-westerly direction as far as a point on the administrative
boundary to the west of point 1075 (Steinbruch Kogel),
a line to be
fixed on the ground, passing through point 1076;
thence in a
westerly direction and as far as a point to be fixed near point 725,
about 10 kilometres north-west of Klagenfurt,
the
administrative boundary between the districts of St Veit and Klagenfurt;
thence as far as
point 871, which was the starting point of this description,
a line to be
fixed on the ground, passing through points 815 (Freudenberg), 1045 (Gallinberg)
and 1069 (Taubenbühel).
Article 50
With a view to
the organisation of a plebiscite, the Klagenfurt area will be divided
into two zones, the first to the south and the second to the north of a
transversal line, of which the following is a description:
From the point
where the western boundary of the area leaves the Drave in a northerly
direction as far as the point about 1 kilometre to the east of Rosegg
(Saint-Michael),
the course of
the Drave downstream;
thence in a
north-easterly direction and as far as the western extremity of the
Wörther See, south of Velden,
a line to be
fixed on the ground;
thence in an
easterly direction to the outlet of the Glanfurt from the lake,
the median line
of that lake;
thence eastwards
to its confluence with the River Glan,
the course of
the Glanfurt downstream.
thence eastward
to its confluence with the River Gurk,
the course of
the Glan downstream;
thence in a
north-easterly direction, to the point where the northern boundary of
the Klagenfurt area crosses the River Gurk,
the course of
the Gurk.
The Klagenfurt
area will be placed under the control of a Commission entrusted with the
duty of preparing the plebiscite in that area and assuring the impartial
administration thereof. This Commission will be composed as follows:
four members nominated respectively by the United States, Great Britain,
France and Italy, one by Austria, one by the Serb-Croat-Slovene State,
the Austrian member only taking part in the deliberations of the
Commission in regard to the second zone, and the Serb-Croat-Slovene
member only taking part therein with regard to the first zone. The
decisions of the Commission will be taken by a majority.
The second zone
will be occupied by the Austrian troops and administered in accordance
with the general regulations of the Austrian legislation.
The first zone
will be occupied by the troops of the Serb-Croat-Slovene State, and
administered in accordance with the general regulations of the
legislation of that State.
In both zones
the troops, whether Austrian or Serb-Croat-Slovene, shall be reduced to
the numbers which the Commission may consider necessary for the
preservation of order, and shall carry out their mission under the
control of the Commission. These troops shall be replaced as speedily as
possible by a police force recruited on the spot.
The Commission
will be charged with the duty of arranging for the vote and of taking
such measures as it may deem necessary to ensure its freedom, fairness
and secrecy.
In the first
zone the plebiscite will be held within three months from the coming
into force of the present Treaty, at a date fixed by the Commission.
If the vote is
in favour of the Serb-Croat-Slovene State, a plebiscite will be held in
the second zone within three weeks from the proclamation of the result
of the plebiscite in the first zone, at a date to be fixed by the
Commission.
If, on the other
hand, the vote in the first zone is in favour of Austria no plebiscite
will he held in the second zone, and the whole of the area will remain
definitively under Austrian sovereignty.
The right of
voting will be granted to every person without distinction of sex who:
(a)
Has attained the age of 20 years on or before 1 January 1919;
(b)
Has on 1 January 1919, his or her habitual residence within the
zone subjected to the plebiscite; and,
(c)
Was born within the said zone, or has had his or her habitual
residence of rights of citizenship (pertinenza) there from a date
previous to 1 January 1912.
The result of
the vote will be determined by the majority of votes in the whole or
each zone.
On the
conclusion of each vote the result will be communicated by the
Commission to the Principal Allied and Associated Powers, with a full
report as to taking of the vote, and will be proclaimed.
If the vote is
in favour of the incorporation either of the first zone or of both zones
in the Serb-Croat-Slovene State, Austria hereby renounces, so far as she
is concerned and to the extent corresponding to the result of the vote,
in favour of the Serb-Croat-Slovene State all rights and title over
these territories. After agreement with the Commission the
Serb-Croat-Slovene Government may definitively establish its authority
over the said territories.
If the vote in
the first or second zone is in favour of Austria, the Austrian
Government, after agreement with the Commission, will be entitled
definitively to re-establish its authority over the whole of the
Klagenfurt area, or in the second zone, as the case may be.
When the
administration of the country either by the Serb-Croat-Slovene State or
by Austria, as the case may be, has been thus assured, the powers of the
Commission will terminate.
Expenditure by
the Commission will be borne by Austria and the Serb-Croat-Slovene State
in equal moieties.
Article 51
The
Serb-Croat-Slovene State accepts and agrees to embody in a Treaty with
the Principal Allied and Associated Powers such provisions as may be
deemed necessary by these Powers to protect the interests of inhabitants
of that State who differ from the majority of the population in race,
language or religion.
The
Serb-Croat-Slovene State further accepts and agrees to embody in a
Treaty with the Principal Allied and Associated Powers such provisions
as these Powers may deem necessary to protect freedom of transit and
equitable treatment of the commerce of other nations.
Article 52
The proportion
and nature of the financial obligations of the former Austrian Empire
which the Serb-Croat-Slovene State will have to assume on account of the
territory placed under its sovereignty will be determined in accordance
with Article 203, Part IX (Financial Clauses), of the present Treaty.
Subsequent
agreements will decide all questions which are not decided by the
present Treaty and which may arise in consequence of the cession of the
said territory.
SECTION III
CZECHO-SLOVAK
STATE
Article 53
Austria, in
conformity with the action already taken by the Allied and Associated
Powers, recognises the complete independence of the Czecho-Slovak State,
which will include the autonomous territory of the Ruthenians to the
south of the Carpathians.
Article 54
Austria
renounces, so far as she is concerned, in favour of the Czecho-Slovak
State all rights and title over the territories of the former
Austro-Hungarian Monarchy situated outside the frontiers of Austria as
laid down in Article 27, Part II (Frontiers of Austria), and recognised
in accordance with the present Treaty as forming part of the. Czecho-Slovak
State.
Article 55
A Commission
composed of seven members, five nominated by the Principal Allied and
Associated Powers, one by the Czecho-Slovak State, and one by Austria,
will be appointed within fifteen days from the coming into force of the
present Treaty to trace on the spot the frontier line laid down in
Article 27.6, Part II (Frontiers of Austria), of the present Treaty.
The decisions of
this Commission will be taken by a majority and shall be binding on the
parties concerned.
Article 56
The Czecho-Slovak
State undertakes not to erect any military works in that portion of its
territory which lies on the right bank of the Danube to the south of
Bratislava (Pressburg).
Article 57
The Czecho-Slovak
State accepts and agrees to embody in a Treaty with the Principal Allied
and Associated Powers such provision as may be deemed necessary by these
Powers to protect the interests of inhabitants of that State who differ
from the majority of the population in race, language or religion.
The Czecho-Slovak
State further accepts and agrees to embody in a Treaty with the
Principal Allied and Associated Powers such provisions as these Powers
may deem necessary to protect freedom of transit and equitable treatment
for the commerce of other nations.
Article 58
The proportion
and nature of the financial obligations of the former Austrian Empire
which the Czecho-Slovak State will have to assume on account of the
territory placed under its sovereignty will be determined in accordance
with Article 203, Part IX (Financial Clauses), of the present Treaty.
Subsequent
agreements will decide all questions which are not decided by the
present Treaty and which may arise in consequence of the cession of the
said territory.
SECTION IV
ROUMANIA
Article 59
Austria
renounces, so far as she is concerned, in favour of Roumania all rights
and title over such portion of the former Duchy of Bukovina as lies
within the frontiers of Roumania which may ultimately be fixed by the
Principal Allied and Associated Powers.
Article 60
Roumania accepts
and agrees to embody in a Treaty with the Principal Allied and
Associated Powers such provisions as may be deemed necessary by these
Powers to protect the interests of inhabitants of that State who differ
from the majority of the population in race, language or religion.
Roumania further
accepts and agrees to embody in a Treaty with the Principal Allied and
Associated Powers such provisions as these Powers may deem necessary to
protect freedom of transit and equitable treatment for the commerce of
other nations.
Article 61
The proportion
and nature of the financial obligations of the former Austrian Empire
which Roumania will have to assume on account of the territory placed
under her sovereignty will be determined in accordance with Article 203,
Part IX (Financial Clauses), of the present Treaty.
Subsequent
agreements will decide all questions which are not decided by the
present Treaty and which may arise in consequence of the cession of the
said territory.
SECTION V
PROTECTION OF
MINORITIES
Article 62
Austria
undertakes that the stipulations contained in this Section shall be
recognised as fundamental laws, and that no law, regulation or official
action shall conflict or interfere with these stipulations, nor shall
any law, regulation or official action prevail over them.
Article 63
Austria
undertakes to assure full and complete protection of life and liberty to
all inhabitants of Austria without distinction of birth, nationality,
language, race or religion.
All inhabitants
of Austria shall be entitled to the free exercise, whether public or
private, of any creed, religion or belief, whose practices are not
inconsistent with public order or public morals.
Article 64
Austria admits
and declares to be Austrian nationals ipso facto and without the
requirement of any formality all persons possessing at the date of the
coming into force of the present Treaty rights of citizenship (pertinenza)
within Austrian territory who are not nationals of any other State.
Article 65
All persons born
in Austrian territory who are not born nationals of another State shall
ipso facto become Austrian nationals.
Article 66
All Austrian
nationals shall be equal before the law and shall enjoy the same civil
and political rights without distinction as to race, language or
religion.
Differences of
religion, creed or confession shall not prejudice any Austrian national
in matters relating to the enjoyment of civil or political rights, as
for instance admission to public employments, functions and honours, or
the exercise of professions and industries.
No restriction
shall be imposed on the free use by any Austrian national of any
language in private intercourse, in commerce, in religion, in the press
or in publications of any kind, or at public meetings.
Notwithstanding
any establishment by the Austrian Government of an official language,
adequate facilities shall be given to Austrian nationals of non-German
speech for the use of their language, either orally or in writing,
before the courts.
Article 67
Austrian
nationals who belong to racial, religious or linguistic minorities shall
enjoy the same treatment and security in law and in fact as the other
Austrian nationals. In particular they shall have an equal right to
establish, manage and control at their own expense charitable, religious
and social institutions, schools and other educational establishments,
with the right to use their own language and to exercise their religion
freely therein.
Article 68
Austria will
provide in the public educational system in towns and districts in which
a considerable proportion of Austrian nationals of other than German
speech are resident adequate facilities for ensuring that in the primary
schools the instruction shall be given to the children of such Austrian
nationals through the medium of their own language. This provision shall
not prevent the Austrian Government from making the teaching of the
German language obligatory in the said schools.
In towns and
districts where there is a considerable proportion of Austrian nationals
belonging to racial, religious or linguistic minorities, these
minorities shall be assured an equitable share in the enjoyment and
application of the sums which may be provided out of public funds under
the State, municipal or other budgets for educational, religious or
charitable purposes.
Article 69
Austria agrees
that the stipulations in the foregoing Articles of this Section, so far
as they affect persons belonging to racial, religious or linguistic
minorities, constitute obligations of international concern and shall be
placed under the guarantee of the League of Nations. They shall not be
modified without the assent of a majority of the Council of the League
of Nations. The Allied and Associated Powers represented on the Council
severally agree not to withhold their assent from any modification in
these Articles which is in due form assented to by a majority of the
Council of the League of Nations.
Austria agrees
that any Member of the Council of the League of Nations shall have the
right to bring to the attention of the Council any infraction, or any
danger of infraction, of any of these obligations, and that the Council
may thereupon take such action and give such direction as it may deem
proper and effective in the circumstances.
Austria further
agrees that any difference of opinion as to questions of law or fact
arising out of these Articles between the Austrian Government and any
one of the Principal Allied and Associated Powers or any other Power, a
Member of the Council of the League of Nations, shall be held to be a
dispute of an international character under Article 14 of the Covenant
of the League of Nations. The Austrian Government hereby consents that
any such dispute shall, if the other party thereto demands, be referred
to the Permanent Court of International Justice. The decision of the
Permanent Court shall be final and shall have the same force and effect
as an award under Article 13 of the Covenant.
SECTION VI
CLAUSES RELATING
TO NATIONALITY
Article 70
Every person
possessing rights of citizenship (pertinenza) in territory which
formed part of the territories of the former Austro-Hungarian Monarchy
shall obtain ipso facto to the exclusion of Austrian nationality
the nationality of the State exercising sovereignty over such territory.
Article 71
Notwithstanding
the provisions of Article 70, Italian nationality shall not, in the case
of territory transferred to Italy, be acquired ipso facto:
(1) by persons possessing rights of citizenship in such territory who
were not born there;
(2) by persons who acquired their rights of citizenship in such
territory after 24 May 1915, or who acquired them only by reason of
their official position.
Article 72
The persons
referred to in Article 71, as well as those who:
(a) formerly possessed rights of citizenship in the territories
transferred to Italy, or whose father, or mother if the father is
unknown, possessed rights of citizenship in such territories, or
(b) have served in the Italian Army during the present war, and their
descendants, may claim Italian nationality subject to the conditions
prescribed in Article 78 for the right of option.
Article 73
The claim to
Italian nationality by the persons referred to in Article 72 may in
individual cases be refused by the competent Italian authority.
Article 74
Where the claim
to Italian nationality under Article 72 is not made, or is refused, the
persons concerned will obtain ipso facto the nationality of the
State exercising sovereignty over the territory in which they possessed
rights of citizenship before acquiring such rights in the territory
transferred to Italy.
Article 75
Juridical
persons established in the territories transferred to Italy shall be
considered Italian if they are recognised as such either by the Italian
administrative authorities or by an Italian judicial decision.
Article 76
Notwithstanding
the provisions of Article 70, persons who acquired rights of citizenship
after 1 January 1910, in territory transferred under the present Treaty
to the Serb-Croat-Slovene State, or to the Czecho-Slovak State, will not
acquire Serb-Croat-Slovene or Czecho-Slovak nationality without a permit
from the Serb-Croat-Slovene State or the Czecho-Slovak State
respectively.
Article 77
If the permit
referred to in Article 76 is not applied for, or is refused, the persons
concerned will obtain ipso facto the nationality of the State
exercising sovereignty over the territory in which they previously
possessed rights of citizenship.
Article 78
Persons over 18
years of age losing their Austrian nationality and obtaining ipso
facto a new nationality under Article 70 shall be entitled within a
period of one year from the coming into force of the present Treaty to
opt for the nationality of the State in which they possessed rights of
citizenship before acquiring such rights in the territory transferred.
Option by a
husband will cover his wife and option by parents will cover their
children under 18 years of age.
Persons who have
exercised the above right to opt must within the succeeding twelve
months transfer their place of residence to the State for which they
have opted.
They will be
entitled to retain their immovable property in the territory of the
other State where they had their place of residence before exercising
their right to opt.
They may carry
with them their movable property of every description. No export or
import duties may be imposed upon them in connection with the removal of
such property.
Article 79
Persons entitled
to vote in plebiscites provided for in the present Treaty shall within a
period of six months after the definitive attribution of the area in
which the plebiscite has taken place be entitled to opt for the
nationality of the State to which the area is not assigned. The
provisions of Article 78 relating to the right of option shall apply
equally to the exercise of the right under this Article.
Article 80
Persons
possessing rights of citizenship in territory forming part of the former
Austro-Hungarian Monarchy, and differing in race and language from the
majority of the population of such territory, shall within six months
from the coming into force of the present Treaty severally be entitled
to opt for Austria, Italy, Poland, Roumania, the Serb-Croat-Slovene
State, or the Czecho-Slovak State, if the majority of the population of
the State selected is of the same race and language as the person
exercising the right to opt. The provisions of Article 78 as to the
exercise of the right of option shall apply to the right of option given
by this Article.
Article 81
The High
Contracting Parties undertake to put no hindrance in the way of the
exercise of the right which the persons concerned have under the present
Treaty, or under treaties concluded by the Allied and Associated Powers
with Germany, Hungary or Russia, or between any of the Allied and
Associated Powers themselves, to choose any other nationality which may
be open to them.
Article 82
For the purposes
of the provisions of this Section, the status of a married woman will be
governed by that of her husband, and the status of children under 18
years of age by that of their parents.
SECTION VII
POLITICAL
CLAUSES RELATING TO CERTAIN EUROPEAN STATES
1. Belgium
Article 83
Austria,
recognising that the Treaties of 19 April 1839, which established the
status of Belgium before the war, no longer conform to the requirements
of the situation, consents so far as she is concerned to the abrogation
of the said treaties and undertakes immediately to recognise and to
observe whatever conventions may be entered into by the Principal Allied
and Associated Powers, or by any of them, in concert with the
Governments of Belgium and of the Netherlands, to replace the said
Treaties of 1839. If her formal adhesion should be required to such
conventions or to any of their stipulations, Austria undertakes
immediately to give it.
2. Luxemburg
Article 84
Austria agrees,
so far as she is concerned, to the termination of the regime of
neutrality of the Grand Duchy of Luxemburg, and accepts in advance all
international arrangements which may be concluded by the Allied and
Associated Powers relating to the Grand Duchy.
3. Schleswig
Article 85
Austria hereby
accepts so far as she is concerned all arrangements made by the Allied
and Associated Powers with Germany concerning the territories whose
abandonment was imposed upon Denmark by the Treaty of 30 October 1864.
4. Turkey and Bulgaria
Article 86
Austria
undertakes to recognise and accept so far as she is concerned all
arrangements which the Allied and Associated Powers may make with Turkey
and with Bulgaria with reference to any rights, interests and privileges
whatever which might be claimed by Austria or her nationals in Turkey or
Bulgaria and which are not dealt with in the provisions of the present
Treaty.
5. Russia and Russian States
Article 87
1. Austria
acknowledges and agrees to respect as permanent and inalienable the
independence of all the territories which were part of the former
Russian Empire on 1 August 1914.
In accordance
with the provisions of Article 210, Part IX (Financial Clauses), and
Article 244, Part X (Economic Clauses), of the present Treaty, Austria
accepts definitely so far as she is concerned the abrogation of the
Brest-Litovsk Treaties and of all treaties, conventions and agreements
entered into by the former Austro-Hungarian Government with the
Maximalist Government in Russia.
The Allied and
Associated Powers formally reserve the rights of Russia to obtain from
Austria restitution and reparation based on the principles of the
present Treaty.
2. Austria
undertakes to recognise the full force of all treaties or agreements
which may be entered into by the Allied and Associated Powers with
States now existing or coming into existence in future in the whole or
part of the former Empire of Russia as it existed on 1 August 1914, and
to recognise the frontiers of any such States as determined therein.
SECTION VIII
GENERAL
PROVISIONS
Article 88
The independence
of Austria is inalienable otherwise than with the consent of the Council
of the League of Nations. Consequently Austria undertakes in the absence
of the consent of the said Council to abstain from any act which might
directly or indirectly or by any means whatever compromise her
independence, particularly, and until her admission to membership of the
League of Nations, by participation in the affairs of another Power.
Article 89
Austria hereby
recognises and accepts the frontiers of Bulgaria, Greece, Hungary,
Poland, Roumania, the Serb-Croat-Slovene State and the Czecho-Slovak
State as these frontiers may be determined by the Principal Allied and
Associated Powers.
Article 90
Austria
undertakes to recognise the full force of the Treaties of Peace and
additional conventions which have been or may be concluded by the Allied
and Associated Powers with the Powers who fought on the side of the
former Austro-Hungarian Monarchy, and to recognise whatever dispositions
have been or may be made concerning the territories of the former German
Empire, of Hungary, of the Kingdom of Bulgaria, and of the Ottoman
Empire, and to recognise the new States within their frontiers as there
laid down.
Article 91
Austria
renounces so far as she is concerned in favour of the Principal Allied
and Associated Powers all rights and title over the territories which
previously belonged to the former Austro-Hungarian Monarchy and which,
being situated outside the new frontiers of Austria as described in
Article 27, Part II (Frontiers of Austria), have not at present been
assigned to any State.
Austria
undertakes to accept the settlement made by the Principal Allied and
Associated Powers in regard to these territories, particularly in so far
as concerns the nationality of the inhabitants.
Article 92
No inhabitant of
the territories of the former Austro-Hungarian Monarchy shall be
disturbed or molested on account either of his political attitude
between 28 July 1914 and the definitive settlement of the sovereignty
over these territories, or of the determination of his nationality
effected by the present Treaty.
Article 93
Austria will
hand over without delay to the Allied and Associated Governments
concerned archives, registers, plans, title-deeds and documents of every
kind belonging to the civil, military, financial, judicial or other
forms of administration in the ceded territories. If any one of these
documents, archives, registers, title-deeds or plans is missing, it
shall be restored by Austria upon the demand of the Allied or Associated
Government concerned.
In case the
archives, registers, plans, title-deeds or documents referred to in the
preceding paragraph, exclusive of those of a military character, concern
equally the administrations in Austria, and cannot therefore be handed
over without inconvenience to such administrations, Austria undertakes,
subject to reciprocity, to give access thereto to the Allied and
Associated Governments concerned.
Article 94
Separate
conventions between Austria and each of the States to which territory of
the former Austrian Empire is transferred, and each of the States
arising from the dismemberment of the former Austro-Hungarian Monarchy,
will provide for the interests of the inhabitants, especially in
connection with their civil rights, their commerce, and the exercise of
their professions.
top
PART IV
AUSTRIAN
INTERESTS OUTSIDE EUROPE
Article 95
In territory
outside her frontiers as fixed by the present Treaty Austria renounces
so far as she is concerned all rights, titles and privileges whatever in
or over territory outside Europe which belonged to the former
Austro-Hungarian Monarchy or to its allies, and all rights, titles and
privileges whatever their origin which it held as against the Allied and
Associated Powers.
Austria
undertakes immediately to recognise and to conform to the measures which
may be taken now or in the future by the Principal Allied and Associated
Powers, in agreement where necessary with third Powers, in order to
carry the above stipulation into effect.
SECTION I
MOROCCO
Article 96
Austria
renounces so far as she is concerned all rights, titles and privileges
conferred on her by the General Act of Algeciras of 7 April 1906, and by
the Franco-German Agreements of 9 February 1909 and 4 November 1911. All
treaties, agreements, arrangements and contracts concluded by the former
Austro-Hungarian Monarchy with the Sherifian Empire are regarded as
abrogated as from 12 August 1914.
In no case can
Austria avail herself of these acts and she undertakes not to intervene
in any way in negotiations relating to Morocco which may take place
between France and the other Powers.
Article 97
Austria hereby
accepts all the consequences of the establishment of the French
Protectorate in Morocco, which had been recognised by the Government of
the former Austro-Hungarian Monarchy, and she renounces so far as she is
concerned the regime of the capitulations in Morocco.
This
renunciation shall take effect as from 12 August 1914.
Article 98
The Sherifian
Government shall have complete liberty of action in regulating the
status of Austrian nationals in Morocco and the conditions in which they
can establish themselves there.
Austrian
protected persons, semsars and associés agricoles shall be
considered to have ceased, as from 12 August 1914, to enjoy the
privileges attached to their status and shall be subject to the ordinary
law.
Article 99
All movable and
immovable property in the Sherifian Empire belonging to the former
Austro-Hungarian Monarchy passes ipso facto to the Maghzen
without compensation.
For this
purpose, the property and possessions of the former Austro-Hungarian
Monarchy shall be deemed to include all the property of the Crown, and
the private property of members of the former Royal Family of
Austria-Hungary.
All movable and
immovable property in the Sherifian Empire belonging to Austrian
nationals shall be dealt with in accordance with Sections III and IV of
Part X (Economic Clauses) of the present Treaty.
Mining rights
which may be recognised as belonging to Austrian nationals by the Court
of Arbitration set up under the Moroccan Mining Regulations shall be
treated in the same way as property in Morocco belonging to Austrian
nationals.
Article 100
The Austrian
Government shall ensure the transfer to the person nominated by the
French Government of the shares representing Austria's portion of the
capital of the State Bank of Morocco. This person will repay to the
persons entitled thereto the value of these shares, which shall be
indicated by the State Bank.
This transfer
will take place without prejudice to the repayment of debts which
Austrian nationals may have contracted towards the State Bank of
Morocco.
Article 101
Moroccan goods
entering Austria shall enjoy the treatment accorded to French goods.
SECTION II
EGYPT
Article 102
Austria declares
that she recognises the Protectorate proclaimed over Egypt by Great
Britain on 18 December 1914, and that she renounces so far as she is
concerned the regime of the capitulations in Egypt.
This
renunciation shall take effect as from 12 August 1914.
Article 103
All treaties,
agreements, arrangements and contracts concluded by the Government of
the former Austro-Hungarian Monarchy with Egypt are regarded as
abrogated as from 12 August 1914.
In no case can
Austria avail herself of these instruments, and she undertakes not to
intervene in any way in negotiations relating to Egypt which may take
place between Great Britain and the other Powers.
Article 104
Until an
Egyptian law of judicial organisation establishing courts with universal
jurisdiction comes into force, provision shall be made, by means of
decrees issued by His Highness the Sultan, for the exercise of
jurisdiction over Austrian nationals and property by the British
Consular Tribunals.
Article 105
The Egyptian
Government shall have complete liberty of action in regulating the
status of Austrian nationals, and the conditions under which they may
establish themselves in Egypt.
Article 106
Austria
consents, so far as she is concerned, to the abrogation of the decree
issued by His Highness the Khedive on 28 November 1904 relating to the
Commission of the Egyptian Public Debt, or to such changes as the
Egyptian Government may think it desirable to make therein.
Article 107
Austria
consents, so far as she is concerned, to the transfer to His Britannic
Majesty's Government of the powers conferred on His Imperial Majesty the
Sultan by the Convention signed at Constantinople on 29 October 1888
relating to the free navigation of the Suez Canal.
She renounces
all participation in the Sanitary, Maritime and Quarantine Board of
Egypt and consents, so far as she is concerned, to the transfer to the
Egyptian authorities of the powers of that Board.
Article 108
All property and
possessions in Egypt of the former Austro-Hungarian Monarchy pass to the
Egyptian Government without payment.
For this
purpose, the property and possessions of the former Austro-Hungarian
Monarchy shall be deemed to include all the property of the Crown, and
the private property of members of the former Royal Family of
Austria-Hungary.
All movable and
immovable property in Egypt belonging to Austrian nationals shall be
dealt with in accordance with Sections III and IV of Part X (Economic
Clauses) of the present Treaty.
Article 109
Egyptian goods
entering Austria shall enjoy the treatment accorded to British goods.
SECTION III
SIAM
Article 110
Austria
recognises, so far as she is concerned, that all treaties, conventions
and agreements between the former Austro-Hungarian Monarchy and Siam,
and all rights, titles and privileges derived therefrom, including all
rights of extra-territorial jurisdiction, terminated as from 22 July
1917.
Article 111
Austria, so far
as she is concerned, cedes to Siam all her rights over the goods and
property in Siam which belonged to the former Austro-Hungarian Monarchy,
with the exception of premises used as diplomatic or consular residences
or offices as well as the effects and furniture which they contain.
These goods and property pass ipso facto and without compensation
to the Siamese Government.
The goods,
property and private rights of Austrian nationals in Siam shall be dealt
with in accordance with the provisions of Part X (Economic Clauses) of
the present Treaty.
Article 112
Austria waives
all claims against the Siamese Government on behalf of herself or her
nationals arising out of the liquidation of Austrian property or the
internment of Austrian nationals in Siam. This provision shall not
affect the rights of the parties interested in the proceeds of any such
liquidation, which shall be governed by the provisions of Part X
(Economic Clauses) of the present Treaty.
SECTION IV
CHINA
Article 113
Austria
renounces, so far as she is concerned, in favour of China all benefits
and privileges resulting from the provisions of the final Protocol
signed at Peking on 7 September 1901, and from all annexes, notes and
documents supplementary thereto. She likewise renounces in favour of
China any claim to indemnities accruing thereunder subsequent to 14
August 1917.
Article 114
From the coming
into force of the present Treaty the High Contracting Parties shall
apply, in so far as concerns them respectively:
(1)
The Arrangement of 29 August 1902 regarding the new Chinese
Customs Tariff;
(2)
The Arrangement of 27 September 1905 regarding Whang-Poo, and the
provisional supplementary Arrangement of 4 April 1912.
China, however,
will not be bound to grant to Austria the advantages or privileges which
she allowed to the former Austro-Hungarian Monarchy under these
Arrangements.
Article 115
Austria, so far
as she is concerned, cedes to China all her rights over the buildings,
wharves and pontoons, barracks, forts, arms and munitions of war,
vessels of all kinds, wireless telegraphy installations and other public
property which belonged to the former Austro-Hungarian Monarchy, and
which are situated or may be in the Austro-Hungarian Concession at
Tientsin or elsewhere in Chinese territory.
It is
understood, however, that premises used as diplomatic or consular
residences or offices, as well as the effects and furniture contained
therein, are not included in the above cession, and, furthermore, that
no steps shall be taken by the Chinese Government to dispose of the
public and private property belonging to the former Austro-Hungarian
Monarchy situated within the so-called Legation Quarter at Peking
without the consent of the diplomatic representatives of the Powers
which, on the coming into force of the present Treaty, remain parties to
the Final Protocol of 7 September 1901.
Article 116
Austria agrees,
so far as she is concerned, to the abrogation of the leases from the
Chinese Government under which the Austro-Hungarian Concession at
Tientsin is now held.
China, restored
to the full exercise of her sovereign rights in the above area, declares
her intention of opening it to international residence and trade. She
further declares that the abrogation of the leases under which the said
concession is now held shall not affect the property rights of nationals
of Allied and Associated Powers who are holders of lots in this
concession.
Article 117
Austria waives
all claims against the Chinese Government or against any Allied or
Associated Government arising out of the internment of Austrian
nationals in China and their repatriation. She equally renounces, so far
as she is concerned, all claims arising out of the capture and
condemnation of Austro-Hungarian ships in China, or the liquidation,
sequestration or control of Austrian properties, rights and interests in
that country since 14 August 1917. This provision, however, shall not
affect the rights of the parties interested in the proceeds of any such
liquidation, which shall be governed by the provisions of Part X
(Economic Clauses) of the present Treaty.
top
PART V
MILITARY, NAVAL
AND AIR CLAUSES
In order to
render possible the initiation of a general limitation of the armaments
of all nations, Austria undertakes strictly to observe the military,
naval and air clauses which follow.
SECTION I
MILITARY CLAUSES
Chapter I
General
Article 118
Within three
months from the coming into force of the present Treaty the military
forces of Austria shall be demobilised to the extent prescribed
hereinafter.
Article 119
Universal
compulsory military service shall be abolished in Austria. The Austrian
Army shall in future only be constituted and recruited by means of
voluntary enlistment.
Chapter II
Effectives and
cadres of the Austrian Army
Article 120
The total number
of military forces in the Austrian Army shall not exceed 30,000 men,
including officers and depot troops.
Subject to the
following limitations, the formations composing the Austrian Army shall
be fixed in accordance with the wishes of Austria:
(1)
The effectives of units must be fixed between the maximum and
minimum figures shown in Table IV annexed to this Section.
(2)
The proportion of officers, including the personnel of staffs and
special services, shall not exceed one-twentieth of the total effectives
with the colours, and that of non-commissioned officers shall not exceed
one-fifteenth of the total effectives with the colours.
(3)
The number of machine-guns, guns and howitzers shall not exceed
per thousand men of the total effectives with the colours those fixed in
Table V annexed to this Section.
The Austrian
Army shall be devoted exclusively to the maintenance of order within the
territory of Austria, and to the control of her frontiers.
Article 121
The maximum
strength of the Staffs and of all formations which Austria may be
permitted to raise are given in the Tables annexed to this Section;
these figures need not be exactly followed, but must not be exceeded.
All other
organisations for the command of troops or for preparation for war are
forbidden.
Article 122
All measures of
mobilisation, or appertaining to mobilisation, are forbidden.
In no case must
formations, administrative services or staffs include supplementary
cadres.
The carrying out
of any preparatory measures with a view to requisitioning animals or
other means of military transport is forbidden.
Article 123
The number of
gendarmes, customs officers, foresters, members of the local or
municipal police or other like officials may not exceed the number of
men employed in a similar capacity in 1913 within the boundaries of
Austria as fixed by the present Treaty.
The number of
these officials shall not be increased in the future except as may be
necessary to maintain the same proportion between the number of
officials and the total population in the localities or municipalities
which employ them.
These officials,
as well as officials employed in the railway service, must not be
assembled for the purpose of taking part in any military exercises.
Article 124
Every formation
of troops not included in the Tables annexed to this Section is
forbidden. Such other formations as may exist in excess of the 30,000
effectives authorised shall be suppressed within the period laid down by
Article 118.
Chapter III
Recruiting and
military training
Article 125
All officers
must be regulars (officers de carrière). Officers now serving who
are retained in the Army must undertake the obligation to serve in it up
to the age of 40 years at least. Officers now serving who do not join
the new army will be released from all military obligations; they must
not take part in any military exercises, whether theoretical or
practical.
Officers newly
appointed must undertake to serve on the active list for 20 consecutive
years at least.
The number of
officers discharged for any reason before the expiration of their term
of service must not exceed in any year one-twentieth of the total of
officers provided for in Article 120. If this proportion is unavoidably
exceeded, the resulting shortage must not be made good by fresh
appointments.
Article 126
The period of
enlistment for non-commissioned officers and privates must be for a
total period of not less than 12 consecutive years, including at least 6
years with the colours.
The proportion
of men discharged before the expiration of the period of their
enlistment for reasons of health or as a result of disciplinary measures
or for any other reasons must not in any year exceed one-twentieth of
the total strength fixed by Article 120. If this proportion is
unavoidably exceeded, the resulting shortage must not be made good by
fresh enlistments.
Chapter IV
Schools,
educational establishments, military clubs and societies
Article 127
The number of
students admitted to attend the courses in military schools shall be
strictly in proportion to the vacancies to be filled in the cadres of
officers. The students and the cadres shall be included in the
effectives fixed by Article 120.
Consequently all
military schools not required for this purpose shall he abolished.
Article 128
Educational
establishments, other than those referred to in Article 127, as well as
all sporting and other clubs, must not occupy themselves with any
military matters.
Chapter V
Armament,
munitions and material, fortifications
Article 129
On the
expiration of three months from the coming into force of the present
Treaty, the armament of the Austrian Army shall not exceed the figures
fixed per thousand men in Table V annexed to this Section.
Any excess in
relation to effectives shall only be used for such replacements as may
eventually be necessary.
Article 130
The stock of
munitions at the disposal of the Austrian Army shall not exceed the
amounts fixed in Table V annexed to this Section.
Within three
months from the coming into force of the present Treaty the Austrian
Government shall deposit any existing surplus of armament and munitions
in such places as shall be notified to it by the Principal Allied and
Associated Powers.
No other stock,
depot or reserve of munitions shall be formed.
Article 131
The number and
calibre of guns constituting the fixed normal armament of fortified
places existing at the present moment in Austria shall be immediately
notified to the Principal Allied and Associated Powers, and will
constitute maximum amounts which must not be exceeded.
Within three
months from the coming into force of the present Treaty, the maximum
stock of ammunition for these guns shall be reduced to and maintained at
the following uniform rates:
1,500 rounds per
gun for those the calibre of which is 105 mm. and under;
500 rounds per
gun for those of higher calibre.
Article 132
The manufacture
of arms, munitions and war material shall only be carried on in one
single factory, which shall be controlled by and belong to the State,
and whose output shall be strictly limited to the manufacture of such
arms, munitions and war material as is necessary for the military forces
and armaments referred to in Articles 120, 123, 129, 130 and 131.
The manufacture
of sporting weapons is not forbidden, provided that sporting weapons
manufactured in Austria taking ball cartridge are not of the same
calibre as that of military weapons used in any European army.
Within three
months from the coming into force of the present Treaty, all other
establishments for the manufacture, preparation, storage, or design of
arms, munitions, or any other war material shall be closed down or
converted to purely commercial uses.
Within the same
length of time, all arsenals shall also be closed down, except those to
be used as depots for the authorised stocks of munitions, and their
staffs discharged.
The plant of any
establishments or arsenals in excess of the amount required for the
manufacture authorised shall be rendered useless or converted to purely
commercial purposes in accordance with the decisions of the Military
Inter-Allied Commission of Control referred to in Article 153.
Article 133
Within three
months from the coming into force of the present Treaty, all arms,
munitions, and war material, including any kind of anti-aircraft
material, of whatever origin, existing in Austria in excess of the
quantity authorised shall be handed over to the Principal Allied and
Associated Powers.
Delivery shall
take place at such points in Austrian territory as may be appointed by
the said Powers, who shall also decide on the disposal of such material.
Article 134
The importation
into Austria of arms, munitions and war material of all kinds is
strictly forbidden.
The manufacture
for foreign countries and the exportation of arms, munitions and war
material shall also be forbidden.
Article 135
The use of flame
throwers, asphyxiating, poisonous or other gases, and all similar
liquids, materials or devices being prohibited, their manufacture and
importation are strictly forbidden in Austria.
Material
specially intended for the manufacture, storage or use of the said
products or devices is equally forbidden.
The manufacture
and importation into Austria of armoured cars, tanks or any similar
machines suitable for use in war are equally forbidden.
TABLE I.
COMPOSITION AND MAXIMUM EFFECTIVES
OF AN INFANTRY DIVISION
|
Units
|
Maximum Effectives
of each unit
|
|
|
Officers |
Men |
|
Headquarters of an Infantry
Division |
25 |
70 |
|
Headquarters of Divisional
Infantry |
5 |
50 |
|
Headquarters of Divisional
Artillery |
4 |
30 |
|
3 Regiments of Infantry*
(on the basis of 65 officers and 2,000 men per regiment)
|
195
|
6,000
|
|
1 Squadron |
6 |
160 |
|
1 Battalion of Trench
Artillery (3 companies) |
14 |
500 |
|
1 Battalion of Pioneers+
(3 companies) |
14 |
500 |
|
Regiment Field Artillery[daggerdbl]
|
80 |
1,200 |
|
1 Battalion Cyclists
(comprising 3 companies) |
18 |
450 |
|
1 Signal DetachmentSS
|
11 |
330 |
|
Divisional Medical Corps
|
28 |
550 |
|
Divisional parks and trains
|
14 |
940 |
|
|
|
|
|
Total for an Infantry Division |
414 |
10,780 |
* Each regiment comprises 3 battalions of infantry. Each battalion
comprises 3 companies of infantry and 1 machine gun company.
+ Each battalion comprises 1 headquarters, 2 pioneer companies, 1
bridging section, 1 searchlight section.
[daggerdbl] Each regiment comprises 1 headquarters, 3 groups of field or
mountain artillery, comprising 8 batteries; each battery comprising 4
guns or howitzers (field or mountain).
SS This detachment comprises: telephone detachment, 1 listening section,
1 carrier pigeon section.
TABLE II.
COMPOSITION AND MAXIMUM EFFECTIVES
FOR A CAVALRY DIVISION
|
Units
|
Maximum number |
Maximum Effectives of each unit |
|
|
authorised |
Officers |
Men |
|
Headquarters of a Cavalry
Division |
1 |
15 |
50 |
|
Regiment of Cavalry*
|
6 |
30 |
720 |
|
Group of Field Artillery (3
batteries) |
1 |
30 |
430 |
|
Group of motor machine guns
and armoured cars+ |
1 |
4 |
80 |
|
Miscellaneous services
|
- |
30 |
500 |
|
|
|
|
|
|
Total for a Cavalry Division |
- |
259 |
5,380 |
* Each regiment comprises 4 squadrons.
+ Each group comprises 9 fighting cars, each carrying 1 gun, 1 machine
gun, and 1 spare machine gun, 4 communication cars, 2 small lorries for
stores, 7 lorries, including 1 repair lorry, 4 motor cycles.
Note: The large cavalry units may include a variable number of regiments
and be divided into independent brigades within the limit of the
effectives laid down above.
TABLE III.
COMPOSITION AND MAXIMUM EFFECTIVES
FOR A MIXED BRIGADE
|
Units
|
Maximum Effectives
of each
unit |
|
|
Officers |
Men |
|
Headquarters of a Brigade
|
10 |
50 |
|
2 Regiments of Infantry*
|
130 |
4,000 |
|
1 Cyclist Battalion
|
18 |
450 |
|
1 Cavalry Squadron
|
5 |
100 |
|
1 Group Field Artillery
|
20 |
400 |
|
1 Trench Mortar Company
|
5 |
150 |
|
Miscellaneous services
|
10 |
200 |
|
|
|
|
|
Total for Mixed Brigade |
198 |
5,350 |
* Each regiment comprises 3 battalions of infantry. Each battalion
comprises 3 companies of infantry and 1 machine gun company.
TABLE IV.
MINIMUM EFFECTIVES OF UNITS WHATEVER
ORGANISATION IS ADOPTED IN THE ARMY
(DIVISIONS, MIXED BRIGADES, ETC)
|
Units
|
Maximum Effectives
(for
reference) |
Minimum Effectives |
|
|
Officers |
Men |
Officers |
Men |
|
Infantry Division
|
414 |
10,780 |
300 |
8,000 |
|
Cavalry Division
|
259 |
5,380 |
180 |
3,650 |
|
Mixed Brigade |
198 |
5,350 |
140 |
4,250 |
|
Regiment of Infantry
|
65 |
2,000 |
52 |
1,600 |
|
Battalion of Infantry
|
16 |
650 |
12 |
500 |
|
Company of Infantry or
machine guns |
3 |
160 |
2 |
120 |
|
Cyclist Group |
18 |
450 |
12 |
300 |
|
Regiment of Cavalry
|
30 |
720 |
20 |
450 |
|
Squadron of Cavalry
|
6 |
160 |
3 |
100 |
|
Regiment of Field
Artillery |
80 |
1,200 |
60 |
1,000 |
|
Battery of Field Artillery
|
4 |
150 |
2 |
120 |
|
Company of Trench Mortars
|
3 |
150 |
2 |
100 |
|
Battalion of Pioneers
|
14 |
500 |
8 |
300 |
|
Battery of Mountain
Artillery |
5 |
320 |
3 |
200 |
TABLE V.
MAXIMUM AUTHORISED ARMAMENTS
AND MUNITION SUPPLIES
|
Material
|
Quantity
for 1,000
men |
Amount of munitions per arm (rifles, guns, etc)
|
|
Rifles or carbines*
|
1,150 |
500 rounds |
|
Machine guns, heavy or light
|
15 |
10,000 rounds |
|
Trench mortars, light
|
} { |
1,000 rounds |
|
Trench mortars, medium
|
} 2 { |
500 rounds |
|
Guns or howitzers (field or
mountain) |
3 |
1,000 rounds |
* Automatic rifles or carbines are counted as light machine guns.
No heavy guns, ie, of a calibre greater than 105 mm. is authorised, with
the exception of the normal armament of fortified places.
SECTION II
NAVAL CLAUSES
Article 136
From the date of
the coming into force of the present Treaty all Austro-Hungarian
warships, submarines included, are declared to be finally surrendered to
the Principal Allied and Associated Powers.
All the
monitors, torpedo boats and armed vessels of the Danube Flotilla will be
surrendered to the Principal Allied and Associated Powers.
Austria will,
however, have the right to maintain on the Danube for the use of the
river police three patrol boats to be selected by the Commission
referred to in Article 154 of the present Treaty.
Article 137
The
Austro-Hungarian auxiliary cruisers and fleet auxiliaries enumerated
below will be disarmed and treated as merchant ships:
Bosnia
Gablonz
Carolina
Africa
Tirol
Argentina
Lussin
Teodo
Nixe
Gigante
Dalmat
Persia
Prince Hohenlohe
Gastein
Helouan
Graf Wurmbrand
Pelikan
Herkules
Pola
Najade
Pluto
President Wilson
(ex Kaiser Franz Joseph)
Trieste
Baron Bruck
Elizabet
Metcavich
Baron Call
Gaea
Cyclop
Vesta
Nymphe
Buffel
Article 138
All warships,
including submarines, now under construction in Austrian ports, or in
ports which previously belonged to the Austro-Hungarian Monarchy, shall
be broken up.
The work of
breaking up these vessels will be commenced as soon as possible after
the coming into force of the present Treaty.
Article 139
Articles,
machinery and material arising from the breaking up of Austro-Hungarian
warships of all kinds, whether surface vessels or submarines, may not be
used except for purely industrial or commercial purposes.
They may not be
sold or disposed of to foreign countries.
Article 140
The construction
or acquisition of any submarine, even for commercial purposes, shall be
forbidden in Austria.
Article 141
All arms,
ammunition and other naval war material, including mines and torpedoes,
which belonged to Austria-Hungary at the date of the signature of the
Armistice of 3 November 1918, are declared to be finally surrendered to
the Principal Allied and Associated Powers.
Article 142
Austria is held
responsible for the delivery (Articles 136 and 141), the disarmament
(Article 137), the demolition (Article 138), as well as the disposal
(Article 137) and the use (Article 139) of the objects mentioned in the
preceding Articles only so far as these remain in her own territory.
Article 143
During the three
months following the coming into force of the present Treaty, the
Austrian high-power wireless telegraphy station at Vienna shall not be
used for the transmission of messages concerning naval, military or
political questions of interest to Austria, or any State which has been
allied to Austria-Hungary in the war, without the assent of the
Principal Allied and Associated Powers. This station may be used for
commercial purposes, but only under the supervision of the said Powers,
who will decide the wave-length to be used.
During the same
period Austria shall not build any more high-power wireless telegraphy
stations in her own territory or that of Hungary, Germany, Bulgaria or
Turkey.
SECTION IIII
AIR CLAUSES
Article 144
The armed forces
of Austria must not include any military or naval air forces.
No dirigible
shall be kept.
Article 145
Within two
months from the coming into force of the present Treaty, the personnel
of the air forces on the rolls of the Austrian land and sea forces shall
be demobilised.
Article 146
Until the
complete evacuation of Austrian territory by the Allied and Associated
troops the aircraft of the Allied and Associated Powers shall enjoy in
Austria freedom of passage through the air, freedom of transit and of
landing.
Article 147
During the six
months following the coming into force of the present Treaty, the
manufacture, importation and exportation of aircraft, parts of aircraft,
engines for aircraft, and parts of engines for aircraft shall be
forbidden in all Austrian territory.
Article 148
On the coming
into force of the present Treaty, all military and naval aeronautical
material must be delivered by Austria and at her expense to the
Principal Allied and Associated Powers.
Delivery must be
effected at such places as the Governments of the said Powers may
select, and must be completed within three months.
In particular,
this material will include all items under the following heads which are
or have been in use or were designed for warlike purposes:
Complete
aeroplanes and seaplanes, as well as those being manufactured, repaired
or assembled.
Dirigibles able
to take the air, being manufactured, repaired or assembled.
Plant for the
manufacture of hydrogen.
Dirigible sheds
and shelters of every kind for aircraft.
Pending their
delivery, dirigibles will, at the expense of Austria, be maintained
inflated with hydrogen; the plant for the manufacture of hydrogen, as
well as the sheds for dirigibles, may, at the discretion of the said
Powers, be left to Austria until the time when the dirigibles are handed
over.
Engines for
aircraft.
Nacelles and
fuselages.
Armament (guns,
machine guns, light machine guns, bomb-dropping apparatus, torpedo
apparatus, synchronisation apparatus, aiming apparatus).
Munitions
(cartridges, shells, bombs loaded or unloaded, stocks of explosives or
of material for their manufacture).
Instruments for
use on aircraft.
Wireless
apparatus and photographic or cinematograph apparatus for use on
aircraft.
Component parts
of any of the items under the preceding heads.
The material
referred to above shall not be removed without special permission from
the said Governments.
SECTION IV
INTER-ALLIED
COMMISSIONS OF CONTROL
Article 149
All the
Military, Naval and Air Clauses contained in the present Treaty for the
execution of which a time limit is prescribed shall be executed by
Austria under the control of Inter-Allied Commissions specially
appointed for this purpose by the Principal Allied and Associated
Powers.
The
abovementioned Commissions will represent the Governments of the
Principal Allied and Associated Powers in dealing with the Austrian
Government in all matters concerning the execution of the Military,
Naval and Air Clauses. They will communicate to the Austrian authorities
the decisions which the Principal Allied and Associated Powers have
reserved the right to take or which the execution of the said Clauses
may necessitate.
Article 150
The Inter-Allied
Commissions of Control may establish their organisations at Vienna and
shall be entitled, as often as they think desirable, to proceed to any
point whatever in Austrian territory, or to send a sub-commission, or to
authorise one or more of their members to go to any such point.
Article 151
The Austrian
Government must furnish to the Inter-Allied Commissions of Control all
such information and documents as the latter may deem necessary to
ensure the execution of their mission, and all means (both in personnel
and in material) which the abovementioned Commissions may need to ensure
the complete execution of the Military, Naval or Air Clauses.
The Austrian
Government must attach a qualified representative to each Inter-Allied
Commission of Control with the duty of receiving from the latter any
communications which it may have to address to the Austrian Government,
and furnishing it with, or procuring, all information or documents
demanded.
Article 152
The upkeep and
cost of the Commissions of Control and the expense involved by their
work shall be borne by Austria.
Article 153
It will be the
special duty of the Military Inter-Allied Commission of Control to
receive from the Austrian Government the notifications relating to the
location of the stocks and depots of munitions, the armament of the
fortified works, fortresses and forts, and the location of the works or
factories for the production of arms, munitions and war material and
their operations.
It will take
delivery of the arms, munitions, war material and plant intended for war
construction, will select the points where such delivery is to be
effected, and will supervise the works of destruction, and rendering
things useless, or of transformation of material, which are to be
carried out in accordance with the present Treaty.
Article 154
It will be the
special duty of the Naval Inter-Allied Commission of Control to proceed
to the building yards and to supervise the breaking-up of the ships
which are under construction there, to take delivery of arms, munitions
and naval war material, and to supervise the destruction and breaking-up
provided for.
The Austrian
Government must furnish to the Naval Inter-Allied Commission of Control
all such information and documents as the Commission may deem necessary
to ensure the complete execution of the Naval Clauses, in particular the
designs of the warships, the composition of their armaments, the details
and models of the guns, munitions, torpedoes, mines, explosives,
wireless telegraphic apparatus, and in general everything relating to
naval war material, as well as all legislative or administrative
documents or regulations.
Article 155
It will be the
special duty of the Aeronautical Inter-Allied Commission of Control to
make an inventory of the aeronautical material which is actually in the
possession of the Austrian Government, to inspect aeroplane, balloon and
motor manufactories, and factories producing arms, munitions and
explosives capable of being used by aircraft, to visit all aerodromes,
sheds, landing grounds, parks and depots which are now in Austrian
territory, and to authorise where necessary a removal of material and to
take delivery of such material.
The Austrian
Government must furnish to the Aeronautical Inter-Allied Commission of
Control all such information and legislative, administrative or other
documents which the Commission may consider necessary to ensure the
complete execution of the Air Clauses, and, in particular, a list of the
personnel belonging to all the air services of Austria and of the
existing material, as well as of that in process of manufacture or on
order, and a list of all establishments working for aviation, of their
positions, and of all sheds and landing grounds.
SECTION V
GENERAL CLAUSES
Article 156
After the
expiration of a period of three months from the coming into force of the
present Treaty, the Austrian laws must have been modified and shall be
maintained by the Austrian Government in conformity with this Part of
the present Treaty.
Within the same
period all the administrative or other measures relating to the
execution of this Part must have been taken by the Austrian Government.
Article 157
The following
portions of the Armistice of 3 November 1918: paragraphs 2 and 3 of
Chapter I (Military Clauses), paragraphs 2, 3, 6 of Chapter I of the
annexed Protocol (Military Clauses), remain in force so far as they are
not inconsistent with the above stipulations.
Article 158
Austria
undertakes, from the coming into force of the present Treaty, not to
accredit nor to send to any foreign country any military, naval or air
mission, nor to allow any such mission to leave her territory; Austria
further agrees to take the necessary measures to prevent Austrian
nationals from leaving her territory to enlist in the Army, Navy or Air
service of any foreign Power, or to be attached to such Army, Navy or
Air service for the purpose of assisting in the military, naval or air
training thereof, or generally for the purpose of giving military, naval
or air instruction in any foreign country.
The Allied and
Associated Powers undertake, so far as they are concerned, that from the
coming into force of the present Treaty they will not enrol in nor
attach to their armies or naval or air forces any Austrian national for
the purpose of assisting in the military training of such armies or
naval or air forces, or otherwise employ any such Austrian national as
military, naval or aeronautic instructor.
The present
provision does not, however, affect the right of France to recruit for
the Foreign Legion in accordance with French military laws and
regulations.
Article 159
So long as the
present Treaty remains in force, Austria undertakes to submit to any
investigation which the Council of the League of Nations, acting if need
be by a majority vote, may consider necessary.
top
PART VI
PRISONERS OF WAR
AND GRAVES
SECTION I
PRISONERS OF WAR
Article 160
The repatriation
of Austrian prisoners of war and interned civilians shall take place as
soon as possible after the coming into force of the present Treaty, and
shall he carried out with the greatest rapidity.
Article 161
The repatriation
of Austrian prisoners of war and interned civilians shall, in accordance
with Article 160, be carried out by a Commission composed of
representatives of the Allied and Associated Powers on the one part and
of the Austrian Government on the other part.
For each of the
Allied and Associated Powers a Sub-Commission composed exclusively of
representatives of the interested Power and of delegates of the Austrian
Government shall regulate the details of carrying into effect the
repatriation of prisoners of war.
Article 162
From the time of
their delivery into the hands of the Austrian authorities, the prisoners
of war and interned civilians are to be returned without delay to their
homes by the said authorities.
Those among them
who, before the war, were habitually resident in territory occupied by
the troops of the Allied and Associated Powers are likewise to be sent
to their homes, subject to the consent and control of the military
authorities of the Allied and Associated armies of occupation.
Article 163
The whole cost
of repatriation from the moment of starting shall be borne by the
Austrian Government, who shall also provide means of transport and
working personnel as considered necessary by the Commission referred to
in Article 161.
Article 164
Prisoners of war
and interned civilians awaiting disposal or undergoing sentence for
offences against discipline shall be repatriated irrespective of the
completion of their sentence or of the proceedings pending against them.
This stipulation
shall not apply to prisoners of war and interned civilians punished for
offences committed subsequent to 1 June 1919.
During the
period pending their repatriation, all prisoners of war and interned
civilians shall remain subject to the existing regulations, more
especially as regards work and discipline.
Article 165
Prisoners of war
and interned civilians who are awaiting trial or undergoing sentence for
offences other than those against discipline may be detained.
Article 166
The Austrian
Government undertakes to admit to its territory without distinction all
persons liable to repatriation.
Prisoners of war
or Austrian nationals who do not desire to be repatriated may be
excluded from repatriation; but the Allied and Associated Governments
reserve to themselves the right either to repatriate them or to take
them to a neutral country or to allow them to reside in their own
territories.
The Austrian
Government undertakes not to institute any exceptional proceedings
against these persons or their families, nor to take any repressive or
vexatious measures of any kind whatsoever against them on this account.
Article 167
The Allied and
Associated Governments reserve the right to make the repatriation of
Austrian prisoners of war or Austrian nationals in their hands
conditional upon the immediate notification and release by the Austrian
Government of any prisoners of war and other nationals of the Allied and
Associated Powers who are still held in Austria against their will.
Article 168
The Austrian
Government undertakes:
(1)
to give every facility to Commissions to enquire into the cases
of those who cannot be traced; to furnish such Commissions with all
necessary means of transport; to allow them access to camps, prisons,
hospitals and all other places; and to place at their disposal all
documents, whether public or private, which would facilitate their
enquiries;
(2)
to impose penalties upon any Austrian officials or private
persons who have concealed the presence of any nationals of any of the
Allied or Associated Powers, or who have neglected to reveal the
presence of any such after it had come to their knowledge.
Article 169
The Austrian
Government undertakes to restore without delay from the date of the
coming into force of the present Treaty all articles, money, securities
and documents which have belonged to nationals of the Allied and
Associated Powers and which have been retained by the Austrian
authorities.
Article 170
The High
Contracting Parties waive reciprocally all repayment of sums due for the
maintenance of prisoners of war in their respective territories.
SECTION II
GRAVES
Article 171
The Allied and
Associated Governments and the Austrian Government will cause to be
respected and maintained the graves of the soldiers and sailors buried
in their respective territories.
They agree to
recognise any Commission appointed by the several Governments for the
purpose of identifying, registering, caring for or erecting suitable
memorials over the said graves, and to facilitate the discharge of its
duties.
Furthermore,
they agree to afford, so far as the provisions of their laws and the
requirements of public health allow, every facility for giving effect to
requests that the bodies of their soldiers and sailors may be
transferred to their own country.
Article 172
The graves of
prisoners of war and interned civilians who are nationals of the
different belligerent States and have died in captivity shall be
properly maintained in accordance with Article 171 of this Part of the
present Treaty.
The Allied and
Associated Powers on the one part and the Austrian Government on the
other part reciprocally undertake also to furnish to each other:
(1)
a complete list of those who have died, together with all
information useful for identification;
(2)
all information as to the number and positions of the graves of
all those who have been buried without identification.
top
PART VII
PENALTIES
Article 173
The Austrian
Government recognises the right of the Allied and Associated Powers to
bring before military tribunals persons accused of having committed acts
in violation of the laws and customs of war. Such persons shall, if
found guilty, be sentenced to punishments laid down by law. This
provision will apply notwithstanding any proceedings or prosecutions
before a tribunal in Austria or in the territory of her allies.
The Austrian
Government shall hand over to the Allied and Associated Powers, or to
such one of them as shall so request, all persons accused of having
committed an act in violation of the laws and customs of war, who are
specified either by name or by the rank, office or employment which they
held under the Austrian authorities.
Article 174
Persons guilty
of criminal acts against the nationals of one of the Allied and
Associated Powers will be brought before the military tribunals of that
Power.
Persons guilty
of criminal acts against the nationals of more than one of the Allied
and Associated Powers will be brought before military tribunals composed
of members of the military tribunals of the Powers concerned.
In every case
the accused will be entitled to name his own counsel.
Article 175
The Austrian
Government undertakes to furnish all documents and information of every
kind, the production of which may be considered necessary to ensure the
full knowledge of the incriminating acts, the discovery of offenders and
the just appreciation of responsibility.
Article 176
The provisions
of Article 173 to 175 apply similarly to the Governments of the States
to which territory belonging to the former Austro-Hungarian Monarchy has
been assigned, in so far as concerns persons accused of having committed
acts contrary to the laws and customs of war who are in the territory or
at the disposal of the said States.
If the persons
in question have acquired the nationality of one of the said States, the
Government of such State undertakes to take, at the request of the Power
concerned and in agreement with it, all the measures necessary to ensure
the prosecution and punishment of such persons.
top
PART VIII
REPARATION
SECTION I
GENERAL
PROVISIONS
Article 177
The Allied and
Associated Governments affirm and Austria accepts the responsibility of
Austria and her Allies for causing the loss and damage to which the
Allied and Associated Governments and their nationals have been
subjected as a consequence of the war imposed upon them by the
aggression of Austria-Hungary and her Allies.
Article 178
The Allied and
Associated Governments recognise that the resources of Austria are not
adequate, after taking into account the permanent diminutions of such
resources which will result from other provisions of the present Treaty,
to make complete reparation for such loss and damage.
The Allied and
Associated Governments however require, and Austria undertakes, that she
will make compensation as hereinafter determined for damage done to the
civilian population of the Allied and Associated Powers and to their
property during the period of the belligerency of each as an Allied and
Associated Power against Austria, by the said aggression by land, by sea
and from the air, and in general damage as defined in Annex I hereto.
Article 179
The amount of
such damage for which compensation is to be made by Austria shall be
determined by an Inter-Allied Commission to be called the Reparation
Commission and constituted in the form and with the powers set forth
hereunder and in Annexes II-V inclusive hereto. The Commission is the
same as that provided for under Article 233 of the Treaty with Germany,
subject to any modifications resulting from the present Treaty. The
Commission shall constitute a Section to consider the special questions
raised by the application of the present Treaty; this Section shall have
consultative power only, except in cases in which the Commission shall
delegate to it such powers as may be deemed convenient.
The Reparation
Commission shall consider the claims and give to the Austrian Government
a just opportunity to be heard.
The Commission
shall concurrently draw up a schedule of payments prescribing the time
and manner for securing and discharging by Austria, within thirty years
dating from 1 May 1921, that part of the debt which shall have been
assigned to her after the Commission has decided whether Germany is in a
position to pay the balance of the total amount of claims presented
against Germany and her allies and approved by the Commission. If,
however, within the period mentioned, Austria fails to discharge her
obligations, any balance remaining unpaid may, within the discretion of
the Commission, be postponed for settlement in subsequent years or may
be handled otherwise in such manner as the Allied and Associated
Governments acting in accordance with the procedure laid down in this
Part of the present Treaty shall determine.
Article 180
The Reparation
Commission shall, after 1 May 1921, from time to time consider the
resources and capacity of Austria, and, after giving her representatives
a just opportunity to be heard, shall have discretion to extend the date
and to modify the form of payments such as are to be provided for in
accordance with Article 179, but not to cancel any part except with the
specific authority of the several Governments represented on the
Commission.
Article 181
Austria shall
pay in the course of the years 1919, 1920, and the first four months of
1921, in such instalments and in such manner (whether in gold,
commodities, ships, securities or otherwise) as the Reparation
Commission may lay down, a reasonable sum which shall be determined by
the Commission. Out of this sum the expenses of the armies of occupation
subsequent to the Armistice of 3 November 1918 shall first be met, and
such supplies of food and raw materials as may be judged by the
Governments of the Principal Allied and Associated Powers essential to
enable Austria to meet her obligations for reparation may also, with the
approval of the said Governments, be paid for out of the above sum. The
balance shall be reckoned towards the liquidation of the amount due for
reparation. Austria shall further deposit bonds as prescribed in
paragraph 12(c) of Annex II hereto.
Article 182
Austria further
agrees to the direct application of her economic resources to reparation
as specified in Annexes III, IV and V relating respectively to merchant
shipping, to physical restoration and to raw material; provided always
that the value of the property transferred and any services rendered by
her under these Annexes, assessed in the manner therein prescribed,
shall be credited to her towards the liquidation of her obligations
under the above Articles.
Article 183
The successive
instalments, including the above sum, paid over by Austria in
satisfaction of the above claims will be divided by the Allied and
Associated Governments in proportions which have been determined upon by
them in advance on a basis of general equity and the rights of each.
For the purposes
of this division the value of the credits referred to Article 189 and in
Annexes III, IV and V shall be reckoned in the same manner as cash
payments made in the same year.
Article 184
In addition to
the payments mentioned above, Austria shall effect, in accordance with
the procedure laid down by the Reparation Commission, restitution in
cash of cash taken away, seized or sequestrated, and also restitution of
animals, objects of every nature and securities taken away, seized or
sequestrated in the cases in which it proves possible to identify them
on territory belonging to, or during the execution of the present Treaty
in the possession of, Austria or her allies.
Article 185
The Austrian
Government undertakes to make forthwith the restitution contemplated in
Article 184 above and to make the payments and deliveries contemplated
in Articles 179, 180, 181 and 182 above.
Article 186
The Austrian
Government recognises the Commission provided for by Article 179 as the
same may be constituted by the Allied and Associated Governments in
accordance with Annex II, and agrees irrevocably to the possession and
exercise by such Commission of the power and authority given to it under
the present Treaty.
The Austrian
Government will supply to the Commission all the information which the
Commission may require relative to the financial situation and
operations and to the property, productive capacity and stocks, and
current production of raw materials and manufactured articles of Austria
and her nationals, and further any information relative to the military
operations of the war of 1914-19 which, in the judgment of the
Commission, may be necessary.
The Austrian
Government shall accord to the members of the Commission and its
authorised agents the same rights and immunities as are enjoyed in
Austria by duly accredited diplomatic agents of friendly Powers.
Austria further
agrees to provide for the salaries and the expenses of the Commission
and of such staff as it may employ.
Article 187
Austria
undertakes to pass, issue and maintain in force any legislation, orders
and decrees that may be necessary to give complete effect to these
provisions.
Article 188
The provisions
in this Part of the present Treaty shall not affect in any respect the
provisions of Sections III and IV of Part X (Economic Clauses) of the
present Treaty.
Article 189
The following
shall be reckoned as credits to Austria in respect of her reparation
obligations:
(a)
any final balance in favour of Austria under Sections III and IV
of Part X (Economic Clauses) of the present Treaty;
(b)
amounts due to Austria in respect of transfers provided for in
Part IX (Financial Clauses) and in Part XII (Ports, Waterways and
Railways);
(c)
all amounts which, in the judgment of the Reparation Commission,
should be credited to Austria on account of any other transfers under
the present Treaty of property, rights, concessions or other interests.
In no case,
however, shall credit be given for property restored in accordance with
Article 184.
Article 190
The transfer of
the Austrian submarine cables, in the absence of any special provision
in the present Treaty, is regulated by Annex VI hereto.
ANNEX I [to Part VIII, Section I]
Compensation may
be claimed from Austria in accordance with Article 178 above in respect
of the total damage under the following categories:
1.
Damage to injured persons and to surviving dependants by personal
injury to or death of civilians caused by acts of war, including
bombardment or other attacks on land, on sea or from the air, and of the
direct consequences thereof and of all operations of war by the two
groups of belligerents wherever arising.
2.
Damage caused by Austria or her allies to civilian victims of
acts of cruelty, violence or maltreatment (including injuries to life or
health as a consequence of imprisonment, deportation, internment or
evacuation, of exposure at sea, or of being forced to labour) wherever
arising, and to the surviving dependents of such victims.
3.
Damage caused by Austria or her allies in their own territory or
in occupied or invaded territory to civilian victims of all acts
injurious to health or capacity to work or to honour, as well as to the
surviving dependents of such victims.
4.
Damage caused by any kind of maltreatment of prisoners of war.
5.
As damage caused to the peoples of the Allied and Associated
Powers, all pensions or compensations in the way of pensions to naval
and military victims of war, including members of the air force, whether
mutilated, wounded, sick or invalided, and to the dependents of such
victims, the amount due to the Allied and Associated Governments being
calculated for each of them as being the capitalised cost of such
pensions and compensations at the date of the coming into force of the
present Treaty on the basis of the scales in force in France on 1 May
1919.
6.
The cost of assistance by the Governments of the Allied and
Associated Powers to prisoners of war, to their families and dependents.
7.
Allowances by the Governments of the Allied and Associated Powers
to the families and dependents of mobilised persons or persons serving
with the forces, the amount due to them for each calendar year in which
hostilities occurred being calculated for each Government on the basis
of the average scale for such payments in force in France during that
year.
8.
Damage caused to civilians by being forced by Austria or her
allies to labour without just remuneration.
9.
Damage in respect of all property, wherever situated, belonging
to any of the Allied or Associated States or their nationals, with the
exception of naval or military works or materials, which has been
carried off, seized, injured or destroyed by the acts of Austria or her
allies on land, on sea, or from the air, or damage directly in
consequence of hostilities or of any operations of war.
10.
Damage in the form of levies, fines and other similar exactions
imposed by Austria or her allies upon the civilian population.
ANNEX II [to Part VIII, Section I]
1. The
Commission referred to in Article 179 shall be called the "Reparation
Commission" and is hereafter referred to as "the Commission".
2. The delegates
to this Commission shall be appointed by the United States of America,
Great Britain, France, Italy, Japan, Belgium, Greece, Poland, Roumania,
the Serb-Croat-Slovene State and Czecho-Slovakia. The United States of
America, Great Britain, France, Italy, Japan and Belgium shall each
appoint a delegate. The other five Powers shall appoint a delegate to
represent them all under the conditions indicated in the third
subparagraph of paragraph 3 hereafter. At the time when each delegate is
appointed there shall also be appointed an assistant delegate, who will
take his place in case of illness or necessary absence, but at other
times will only have the right to be present at the proceedings without
taking any part therein.
On no occasion
shall delegates of more than five of the above Powers have the right to
take part in the proceedings of the Commission and to record their
votes. The delegates of the United States, Great Britain, France and
Italy shall have this right on all occasions. The delegate of Belgium
shall have this right on all occasions other than those referred to
below. The delegate of Japan will have this right when questions
relating to damage at sea are under consideration. The delegate
representing the five remaining Powers mentioned above shall have this
right when questions relating to Austria, Hungary or Bulgaria are under
consideration.
Each of the
Governments represented on the Commission shall have the right to
withdraw after giving twelve months' notice to the Commission and
confirming it six months after the date of the original notification.
3. Such of the
Allied and Associated Powers as may be interested shall have the right
to name a delegate to be present and act as assessor only while their
respective claims and interests are under examination or discussion, but
without the right to vote.
The Section to
be established by the Commission under Article 179 shall include
representatives of the following Powers: the United States of America,
Great Britain, France, Italy, Greece, Poland, Roumania, the
Serb-Croat-Slovene State and Czecho-Slovakia. This composition of the
Section shall in no way prejudge the admissibility of any claims. In
voting, the representatives of the United States of America, Great
Britain, France and Italy shall each have two votes.
The
representatives of the five remaining Powers mentioned above shall
appoint a delegate to represent them all, who shall sit on the
Reparation Commission in the circumstances described in paragraph 2 of
the present Annex. This delegate, who shall be appointed for one year,
shall be chosen successively from the nationals of each of the said five
Powers.
4. In the case
of death, resignation or recall of any delegate, assistant delegate or
assessor, a successor to him shall be nominated as soon as possible.
5. The
Commission shall have its principal permanent bureau in Paris, and shall
hold its first meeting in Paris as soon as practicable after the coming
into force of the present Treaty, and thereafter will meet in such place
or places and at such time as may be deemed convenient and as may be
necessary for the most expeditious discharge of its duties.
6. At its first
meeting the Commission shall elect from among the delegates referred to
above a Chairman and a Vice-Chairman, who shall hold office for a year
and shall be eligible for re-election. If a vacancy in the chairmanship
or vice-chairmanship should occur during the annual period, the
Commission shall proceed to a new election for the remainder of the said
period.
7. The
Commission is authorised to appoint all necessary officers, agents and
employees who may be required for the execution of its functions, and to
fix their remuneration; to constitute Sections or Committees, whose
members need not necessarily be members of the Commission, and to take
all executive steps necessary for the purpose of discharging its duties;
and to delegate authority and discretion to officers, agents, Sections
and Committees.
8. All the
proceedings of the Commission shall be private unless on particular
occasions the Commission shall otherwise determine for special reasons.
9. The
Commission shall be required, if the Austrian Government so desire, to
hear within a period which it will fix from time to time evidence and
arguments on the part of Austria on any questions connected with her
capacity to pay.
10. The
Commission shall consider the claims and give to the Austrian Government
a just opportunity to be heard, but not to take any part whatever in the
decisions of the Commission. The Commission shall afford a similar
opportunity to the allies of Austria when it shall consider that their
interests are in question.
11. The
Commission shall not be bound by any particular code or rules of law or
by any particular rule of evidence or of procedure, but shall be guided
by justice, equity and good faith. Its decisions must follow the same
principles and rules in all cases where they are applicable. It will
establish rules relating to methods of proof of claims. It may act on
any trustworthy modes of computation.
12. The
Commission shall have all the powers conferred upon it, and shall
exercise all the functions assigned to it, by the present Treaty.
The Commission
shall, in general, have wide latitude as to its control and handling of
the whole reparation problem as dealt with in this Part, and shall have
authority to interpret its provisions. Subject to the provisions of the
present Treaty, the Commission is constituted by the several Allied and
Associated Governments referred to in paragraphs 2 and 3 above as the
exclusive agency of the said Governments respectively for receiving,
selling, holding and distributing the reparation payments to be made by
Austria under this Part of the present Treaty. The Commission must
comply with the following conditions and provisions:
(a)
Whatever part of the full amount of the proved claims is not paid
in gold or in ships, securities, commodities or otherwise, Austria shall
be required, under such conditions as the Commission may determine, to
cover by way of guarantee, by an equivalent issue of bonds, obligations
or otherwise, in order to constitute an acknowledgment of the said part
of the debt.
(b)
In periodically estimating Austria's capacity to pay the
Commission shall examine the Austrian system of taxation, first, to the
end that the sums for reparation which Austria is required to pay shall
become a charge upon all her revenues prior to that for the service or
discharge of any domestic loan, and, secondly, so as to satisfy itself
that in general the Austrian scheme of taxation is fully as heavy
proportionately as that of any of the Powers represented on the
Commission.
The Reparation Commission shall receive instructions to take account of:
(1) the actual economic and financial position of Austrian territory as
delimited by the present Treaty; and (2) the diminution of its resources
and of its capacity for payment resulting from the clauses of the
present Treaty. As long as the position of Austria is not modified the
Commission shall take account of these considerations in fixing the
final amount of the obligations to be imposed on Austria, the payments
by which these are to be discharged, and any postponement of payment of
interest which may be asked for by Austria.
(c)
The Commission shall, as provided in Article 181, take from
Austria, by way of security for and acknowledgment of her debt, gold
bearer bonds free of all taxes or charges of every description
established or to be established by the Austrian Government or by any
authorities subject to it. These bonds will be delivered at any time
that may be judged expedient by the Commission, and in three portions,
of which the respective amounts will be also fixed by the Commission,
the crowns gold being payable in conformity with Article 214, Part IX
(Financial Clauses) of the present Treaty:
(1) A first issue in bearer bonds payable not later than 1 May 1921,
without interest. There shall be specially applied to the amortisation
of these bonds the payments which Austria is pledged to make in
conformity with Article 181, after deduction of the sums used for the
reimbursement of the expenses of the armies of occupation and other
payments for foodstuffs and raw material. Such bonds as may not have
been redeemed by 1 May 1921 shall then be exchanged for new bonds of the
same type as those provided for below (paragraph 12(c)2).
(2) A second issue in bearer bonds bearing interest at 21/2 percent
between 1921 and 1926, and thereafter at 5 percent with an additional 1
percent for amortisation beginning in 1926 on the whole of the issue.
(3) An undertaking in writing to issue, when, but not until, the
Commission is satisfied that Austria can meet the interest and sinking
fund obligations, a further instalment of bearer bonds bearing interest
at 5 percent, the time and mode of payment of principal and interest to
be determined by the Commission.
The dates for the payment of interest, the manner of employing the
amortisation fund and all other questions relating to the issue,
management and regulation of the bond issue shall be determined by the
Commission from time to time.
Further issues by way of acknowledgment and security may be required as
the Commission subsequently determines from time to time.
In case the Reparation Commission should proceed to fix definitely and
no longer provisionally the sum of the common charges to be borne by
Austria as a result of the claims of the Allied and Associated Powers,
the Commission shall immediately annul all bonds which may have been
issued in excess of this sum.
(d)
In the event of bonds, obligations or other evidence of
indebtedness issued by Austria by way of security for or acknowledgment
of her reparation debt being disposed of outright, not by way of pledge,
to persons other than the several Governments in whose favour Austria's
original reparation indebtedness was created, an amount of such
reparation indebtedness shall be deemed to be extinguished corresponding
to the nominal value of the bonds, etc, so disposed of outright, and the
obligation of Austria in respect of such bonds shall be confined to her
liabilities to the holders of the bonds, as expressed upon their face.
(e)
The damage for repairing, reconstructing and rebuilding property
situated in the invaded and devastated districts, including
reinstallation of furniture, machinery and other equipment, will be
calculated according to the cost at the date when the work is done.
(f)
Decisions of the Commission relating to the total or partial
cancellation of the capital or interest of any of the verified debt of
Austria must be accompanied by a statement of its reasons.
13. As to voting
the Commission will observe the following rules:
When a decision
of the Commission is taken, the votes of all the delegates entitled to
vote, or in the absence of any of them, of their assistant delegates,
shall be recorded.
Abstention from
voting is to be treated as a vote against the proposal under discussion.
Assessors shall have no vote.
On the following
questions unanimity is necessary:
(a)
Questions involving the sovereignty of any of the Allied and
Associated Powers, or the cancellation of the whole or any part of the
debt or obligations of Austria;
(b)
Questions of determining the amount and conditions of bonds or
other obligations to be issued by the Austrian Government and of fixing
the time and manner for selling, negotiating or distributing such bonds;
(c)
Any postponement, total or partial, beyond the end of 1930, of
the payment of instalments falling due between 1 May 1921 and the end of
1926 inclusive;
(d)
Any postponement, total or partial, of any instalments falling
due after 1926 for a period exceeding three years;
(e)
Questions of applying in any particular case a method of
measuring damages different from that which has been previously applied
in a similar case;
(f)
Questions of the interpretation of the provisions of this part of
the present Treaty.
All other questions shall be decided by the vote of the majority.
In the case of
any difference of opinion among the delegates, which cannot be solved by
reference to their Governments, upon the question whether a given case
is one which requires a unanimous vote for its decision or not, such
difference shall be referred to the immediate arbitration of some
impartial person to be agreed upon by their Governments, whose award the
Allied and Associated Governments agree to accept.
14. Decisions of
the Commission, in accordance with the powers conferred upon it, shall
forthwith become binding and may be put into immediate execution without
further proceedings.
15. The
Commission shall issue to each of the interested Powers in such form as
the Commission shall fix:
(1)
a certificate stating that it holds for the account of the said
Power bonds of the issues mentioned above, the said certificate on the
demand of the Power concerned being divisible into a number of parts not
exceeding five;
(2)
from time to time certificates stating the goods delivered by
Austria on account of her reparation debt which it holds for the account
of the said Power.
Such
certificates shall be registered and, upon notice to the Commission, may
be transferred by endorsement.
When bonds are
issued for sale or negotiation, and when goods are delivered by the
Commission, certificates to an equivalent value must be withdrawn.
16. Interest
shall be debited to Austria as from 1 May 1921 in respect of her debt as
determined by the Commission, after allowing for sums already covered by
cash payments or their equivalent by bonds issued to the Commission, or
under Article 189.
The rate of
interest shall be 5 percent unless the Commission shall determine at
some future time that circumstances justify a variation of this rate.
The Commission,
in fixing on 1 May 1921 the total amount of the debt of Austria, may
take account of interest due on sums arising out of reparation and of
material damage as from 11 November 1918 up to 1 May 1921.
17. In case of
default by Austria in the performance of any obligation under this Part
of the present Treaty, the Commission will forthwith give notice of such
default to each of the interested Powers and may make such
recommendations as to the action to be taken in consequence of such
default as it may think necessary.
18. The measures
which the Allied and Associated Powers shall have the right to take, in
the case of voluntary default by Austria, and which Austria agrees not
to regard as acts of war, may include economic and financial
prohibitions and reprisals, and, in general, such other measures as the
respective Governments may determine to be necessary in the
circumstances.
19. Payments
required to be made in gold or its equivalent on account of the proved
claims of the Allied and Associated Powers may at any time be accepted
by the Commission in the form of chattels, properties, commodities,
businesses, rights, concessions within or without Austrian territory,
ships, bonds, shares or securities of any kind, or currencies of Austria
or other States, the value of such substitutes for gold being fixed at a
fair and just amount by the Commission itself.
20. The
Commission, in fixing or accepting payment in specified properties or
rights shall have due regard for any legal or equitable interests of the
Allied and Associated Powers, or of neutral Powers, or of their
nationals therein.
21. No member of
the Commission shall be responsible, except to the Government appointing
him, for any action or omission as such member. No one of the Allied and
Associated Governments assumes any responsibility in respect of any
other Government.
22. Subject to
the provisions of the present Treaty, this Annex may be amended by the
unanimous decision of the Governments represented from time to time upon
the Commission.
23. When all the
amounts due from Austria and her allies, under the present Treaty or the
decisions of the Commission have been discharged, and all sums received,
or their equivalents, have been distributed to the Powers interested,
the Commission shall be dissolved.
ANNEX III [to Part VIII, Section I]
1. Austria
recognises the right of the Allied and Associated Powers to the
replacement ton for ton (gross tonnage) and class for class of all
merchant ships and fishing boats lost or damaged owing to the war.
Nevertheless and
in spite of the fact that the tonnage of Austrian shipping at present in
existence is much less than that lost by the Allied and Associated
Powers in consequence of the aggression of Austria and her allies, the
right thus recognised will be enforced on the Austrian ships and boats
under the following conditions:
The Austrian
Government, on behalf of themselves, and so as to bind all other persons
interested, cede to the Allied and Associated Governments the property
in all merchant ships and fishing boats belonging to nationals of the
former Austrian Empire.
2. The Austrian
Government will, within two months of the coming into force of the
present Treaty, deliver to the Reparation Commission all the ships and
boats mentioned in paragraph 1.
3. The ships and
boats in paragraph 1 include all ships and boats which (a) fly or may be
entitled to fly the Austro-Hungarian merchant flag and are registered in
a port of the former Austrian Empire, or (b) are owned by any national,
company or corporation of the former Austrian Empire, or by any company
or corporation belonging to a country other than an Allied or Associated
country and under the control or direction of nationals of the former
Austrian Empire, or (c) which are now under construction (1) in the
former Austrian Empire, (2) in other than Allied or Associated countries
for the account of any national, company or corporation of the former
Austrian Empire.
4. For the
purpose of providing documents of title for the ships and boats to be
handed over as above mentioned, the Austrian Government will:
(a)
deliver to the Reparation Commission in respect of each vessel a
bill of sale or other document of title evidencing the transfer to the
Commission of the entire property in the vessel, free from all
encumbrances, charges and liens of all kinds, as the Commission may
require;
(b)
take all measures that may be indicated by the Reparation
Commission for ensuring that the ships themselves shall be placed at its
disposal.
5. Austria
undertakes to restore in kind and in normal condition of upkeep to the
Allied and Associated Powers within two months of the coming into force
of the present Treaty in accordance with procedure to be laid down by
the Reparation Commission any boats and other movable appliances
belonging to inland navigation which, since 28 July 1914, have, by any
means whatever, come into her possession or into the possession of her
nationals, and which can be identified.
With a view to
make good the loss in inland navigation tonnage from whatever cause
arising which has been incurred during the war by the Allied and
Associated Powers, and which cannot be made good by means of the
restitution prescribed above, Austria agrees to cede to the Reparation
Commission a portion of the Austrian river fleet up to the amount of the
loss mentioned above, provided that such cession shall not exceed 20
percent of the river fleet as it existed on 3 November 1918.
The conditions
of this cession shall be settled by the arbitrators referred to in
Article 300, Part XII (Ports, Waterways and Railways) of the present
Treaty, who are charged with the settlement of difficulties relating to
the apportionment of river tonnage resulting from the new international
regime applicable to certain river systems or from the territorial
changes affecting those systems.
6. Austria
agrees to take any measures that may be indicated to her by the
Reparation Commission for obtaining a full title to the property in all
ships which have, during the war, been transferred or are in process of
transfer to neutral flags without the consent of the Allied and
Associated Governments.
7. Austria
waives all claims of any description against the Allied and Associated
Governments and their nationals in respect of the detention, employment,
loss or damage of any Austrian ships or boats.
8. Austria
renounces all claims to vessels or cargoes sunk by or in consequence of
naval action and subsequently salved in which any of the Allied or
Associated Governments or their nationals may have any interest either
as owners, charterers, insurers or otherwise, notwithstanding any decree
of condemnation which may have been made by a Prize Court of the former
Austro-Hungarian Monarchy or of its allies.
ANNEX IV [to Part VIII, Section I]
1. The Allied
and Associated Powers require and Austria undertakes that in part
satisfaction of her obligations expressed in this Part she will, as
hereinafter provided, devote her economic resources directly to the
physical restoration of the invaded areas of the Allied and Associated
Powers to the extent that these Powers may determine.
2. The Allied
and Associated Governments may file with the Reparation Commission lists
showing:
(a)
animals, machinery, equipment, tools and like articles of a
commercial character which have been seized, consumed or destroyed by
Austria, or destroyed in direct consequence of military operations, and
which such Governments, for the purpose of meeting immediate and urgent
needs, desire to have replaced by animals and articles of the same
nature which are in being in Austrian territory at the date of the
coming into force of the present Treaty;
(b)
reconstruction materials (stones, bricks, refractory bricks,
tiles, wood, window glass, steel, lime, cement, etc), machinery, heating
apparatus, furniture and like articles of a commercial character, which
the said Governments desire to have produced and manufactured in Austria
and delivered to them to permit of the restoration of the invaded areas.
3. The lists
relating to the articles mentioned in 2(a) above shall be filed within
sixty days after the date of the coming into force of the present
Treaty.
The lists
relating to the articles in 2(b) above shall be filed on or before 31
December 1919.
The lists shall
contain all such details as are customary in commercial contracts
dealing with the subject-matter, including specifications, dates of
delivery (but not extending over more than four years), and places of
delivery, but not prices or value, which shall be fixed as hereinafter
provided by the Commission.
4. Immediately
upon the filing of such lists with the Commission, the Commission shall
consider the amount and number of the materials and animals mentioned in
the lists provided for above which are to be required of Austria. In
reaching a decision on this matter the Commission shall take into
account such domestic requirements of Austria as it deems essential for
the maintenance of Austrian social and economic life, the prices and
dates at which similar articles can be obtained in the Allied and
Associated countries as compared with those to be fixed for Austrian
articles, and the general interest of the Allied and Associated
Governments that the industrial life of Austria be not so disorganised
as to affect adversely the ability of Austria to perform the other acts
of reparation stipulated for.
Machinery,
equipment, tools and like articles of a commercial character in actual
industrial use are not, however, to be demanded of Austria unless there
is no free stock of such articles respectively which is not in use and
is available, and then not in excess of 30 percent of the quantity of
such articles in use in any one establishment or undertaking.
The Commission
shall give representatives of the Austrian Government an opportunity and
a time to be heard as to their capacity to furnish the said materials,
articles and animals.
The decision of
the Commission shall thereupon and at the earliest possible moment be
communicated to the Austrian Government, and to the several interested
Allied and Associated Governments.
The Austrian
Government undertakes to deliver the materials, articles and animals as
specified in the said communication, and the interested Allied and
Associated Governments severally agree to accept the same, provided they
conform to the specification given or are not, in the judgment of the
Commission, unfit to be utilised in the work of reparation.
5. The
Commission shall determine the value to be attached to the materials,
articles and animals to be delivered in accordance with the foregoing,
and the Allied or Associated Power receiving the same agrees to be
charged with such value, and the amount thereof shall be treated as a
payment by Austria to be divided in accordance with Article 183 of the
present Treaty.
In cases where
the right to require physical restoration as above provided is
exercised, the Commission shall ensure that the amount to be credited
against the reparation obligations of Austria shall be fair value for
work done or material supplied by Austria, and that the claim made by
the interested Power in respect of the damage so repaired by physical
restoration shall be discharged to the extent of the proportion which
the damage thus repaired bears to the whole of the damage thus claimed
for.
6. As an
immediate advance on account of the animals referred to in paragraph 2
above, Austria undertakes to deliver in equal monthly instalments in the
three months following the coming into force of the present Treaty the
following quantities of live stock:
(1)
To the Italian Government
4,000 milch cows of from 3 to 5 years;
1,000 heifers;
50 bulls from 18 months to 3 years;
1,000 calves;
1,000 working bullocks;
2,000 sows.
(2)
To the Serb-Croat-Slovene Government
1,000 milch cows of from 3 to 5 years;
300 heifers;
25 bulls from 18 months to 3 years
1,000 calves;
500 working bullocks:
1,000 draught horses;
1,000 sheep.
(3)
To the Roumanian Government
1,000 milch cows of from 3 to 5 years;
500 heifers;
25 bulls from 18 months to 3 years;
1,000 calves;
500 working bullocks;
1,000 draught horses;
1,000 sheep.
The animals
delivered shall be of average health and condition.
If the animals
so delivered cannot be identified as animals taken away or seized, the
value of such animals shall be credited against the reparation
obligations of Austria in accordance with paragraph 5 of this Annex.
7. As an
immediate advance on account of the articles referred to in paragraph 2
above, Austria undertakes to deliver during the six months following the
coming into force of the present Treaty in equal monthly instalments
such supplies of furniture in hard and soft wood intended for sale in
Austria as the Allied and Associated Powers shall ask for month by month
through the Reparation Commission and which the Commission shall
consider on the one hand justified by the seizures and destruction
carried out in the course of the war on the territory of the said Powers
and on the other hand proportionate to the supplies at the disposal of
Austria. The price of the articles so supplied shall be carried to the
credit of Austria under the conditions provided for in paragraph 5 of
this Annex.
ANNEX V [to Part VIII, Section I]
1. Austria shall
give, as partial reparation, to the Allied and Associated Governments
severally an option during the five years following the coming into
force of the present Treaty for the annual delivery of the raw materials
hereinafter enumerated: the amounts delivered to bear the same relation
to their annual importations of these materials before the war from
Austria-Hungary as the resources of Austria as now delimited by the
present Treaty bear to the resources before the war of the former
Austro-Hungarian Monarchy.
Timber and
timber manufactures;
Iron and iron
alloys;
Magnesite.
2. The price
paid for the products referred to in the preceding paragraph shall be
the same as the price paid by Austrian nationals under the same
conditions of shipment to the Austrian frontier and shall be subject to
any advantages which may be accorded similar products furnished to
Austrian nationals.
3. The foregoing
options shall be exercised through the intervention of the Reparation
Commission, which subject to the specific provisions hereof shall have
power to determine all questions relative to procedure and qualities and
quantities of products and the times and modes of delivery and payment.
In giving notice to the Austrian Government of the foregoing options,
the Commission shall give at least 120 days' notice of deliveries to be
made after 1 January 1920, and at least 30 days' notice of deliveries to
be made between the coming into force of the present Treaty and 1
January 1920. If the Commission shall determine that the full exercise
of the foregoing options would interfere unduly with the industrial
requirements of Austria, the Commission is authorised to postpone or to
cancel deliveries and in so doing to settle all questions of priority.
ANNEX VI [to Part VIII, Section I]
Austria
renounces on her own behalf and on behalf of her nationals in favour of
Italy all rights, titles or privileges of whatever nature in any
submarine cables or portions of cables connecting Italian territory,
including the territories which are assigned to Italy under the present
Treaty.
Austria also
renounces on her own behalf and on behalf of her nationals in favour of
the Principal Allied and Associated Powers all rights, titles and
privileges of whatever nature in the submarine cables, or portions
thereof, connecting the territories ceded by Austria under the terms of
the present Treaty to the various Allied and Associated Powers.
The States
concerned shall provide for the upkeep of the installations and the
proper working of the said cables.
As regards the
cable from Trieste to Corfu, the Italian Government shall enjoy in its
relations with the company owning this cable the same position as that
held by the Austro-Hungarian Government.
The value of the
cables or portions of cables referred to in the two first paragraphs of
the present Annex, calculated on the basis of the original cost, less a
suitable allowance for depreciation, shall be credited to Austria in the
reparation account.
SECTION II
SPECIAL
PROVISIONS
Article 191
In carrying out
the provisions of Article 184 Austria undertakes to surrender to each of
the Allied and Associated Powers respectively all records, documents,
objects of antiquity and of art, and all scientific and bibliographical
material taken away from the invaded territories, whether they belong to
the State or to provincial, communal, charitable or ecclesiastical
administrations or other public or private institutions.
Article 192
Austria shall in
the same manner restore objects of the same nature as those referred to
in the preceding Article which may have been taken away since 1 June
1914 from the ceded territories, with the exception of objects bought
from private owners.
The Reparation
Commission will apply to these objects the provisions of Article 208,
Part IX (Financial Clauses), of the present Treaty, if these are
appropriate.
Article 193
Austria will
give up to each of the Allied and Associated Governments respectively
all the records, documents and historical material possessed by public
institutions which may have a direct bearing on the history of the ceded
territories and which have been removed during the last ten years. This
last-mentioned period, as far as concerns Italy, shall be extended to
the date of the proclamation of the Kingdom (1861).
The new States
arising out of the former Austro-Hungarian Monarchy and the States which
receive part of the territory of that Monarchy undertake on their part
to hand over to Austria the records, documents and material dating from
a period not exceeding twenty years which have a direct bearing on the
history or administration of the territory of Austria and which may be
found in the territories transferred.
Article 194
Austria
acknowledges that she remains bound, as regards Italy, to execute the
obligations referred to in Article 15 of the Treaty of Zurich of 10
November 1859, in Article 18 of the Treaty of Vienna of 3 October 1866,
and in the Convention of Florence of 14 July 1868 concluded between
Italy and Austria-Hungary, in so far as the Articles referred to have
not in fact been executed in their entirety, and in so far as the
documents and objects in question are situated in the territory of
Austria or her allies.
Article 195
Within a period
of twelve months from the coming into force of the present Treaty a
Committee of three jurists appointed by the Reparation Commission shall
examine the conditions under which the objects or manuscripts in
possession of Austria, enumerated in Annex I hereto, were carried off by
the House of Hapsburg, and by the other Houses which have reigned in
Italy. If it is found that the said objects or manuscripts were carried
off in violation of the rights of the Italian provinces the Reparation
Commission, on the report of the Committee referred to, shall order
their restitution. Italy and Austria agree to accept the decisions of
the Commission.
Belgium, Poland
and Czecho-Slovakia may also submit claims for restitution, to be
examined by the same Committee of three jurists, relating to the objects
and documents enumerated in Annexes II, III and IV hereto. Belgium,
Poland, Czecho-Slovakia and Austria undertake to accept the decisions
taken by the Reparation Commission as the result of the report of the
said Committee.
Article 196
With regard to
all objects of artistic, archaeological, scientific or historic
character forming part of collections which formerly belonged to the
Government or the Crown of the Austro-Hungarian Monarchy and are not
otherwise provided for in the present Treaty, Austria undertakes:
(a)
to negotiate, when required, with the States concerned for an
amicable arrangement whereby any portion thereof or any objects
belonging thereto which ought to form part of the intellectual patrimony
of the ceded districts may be returned to their districts of origin on
terms of reciprocity, and
(b)
for twenty years, unless a special arrangement is previously
arrived at, not to alienate or disperse any of the said collections or
to dispose of any of the above objects, but at all times to ensure their
safety and good condition and to make them available, together with
inventories, catalogues and administrative documents relating to the
said collections, at all reasonable times to students who are nationals
of any of the Allied and Associated Powers.
ANNEX I [to Part VIII, Section II]
TUSCANY
The Crown jewels
(such part as remains after their dispersion); the private jewels of the
Princess Electress of Medici; the medals which form part of the Medici
heirlooms and other precious objects - all being domanial property
according to contractual agreements and testamentary dispositions -
removed to Vienna during the eighteenth century.
Furniture and
silver plate belonging to the House of Medici and the "jewel of Aspasios"
in payment of debts owed by the House of Austria to the Crown of
Tuscany.
The ancient
instruments of astronomy and physics belonging to the Academy of Cimento
removed by the House of Lorraine and sent as a present to the cousins of
the Imperial House of Vienna.
MODENA
A "Virgin" by
Andrea del Sarto and four drawings by Correggio belonging to the
Pinacothek of Modena and removed in 1859 by Duke Francis V.
The three
following MSS. belonging to the Library of Modena: Biblia Vulgata
(Cod. Lat. 422/23), Breviarium Romanum (Cod. Lat. 424), and
Officium Beatae Virginis (Cod. Lat. 262), carried off by Duke
Francis V in 1859.
The bronzes
carried off under the same circumstances in 1859.
Certain objects
(among others two pictures by Salvator Rosa and a portrait by Dosso
Dossi) claimed by the Duke of Modena in 1868 as a condition of the
execution of the Convention of 20 June 1868, and other objects given up
in 1872 in the same circumstances.
PALERMO
Objects made in
Palermo in the twelfth century for the Norman kings and employed in the
coronation of the Emperors, which were carried off from Palermo and are
now in Vienna.
NAPLES
Ninety-eight
MSS. carried off from the Library of S. Giovanni a Carbonara and other
libraries at Naples in 1718 under the orders of Austria and sent to
Vienna.
Various
documents carried off at different times from the State Archives of
Milan, Mantua, Venice, Modena and Florence.
ANNEX II [to Part VIII, Section II]
I. The Triptych
of S. Ildephonse, by Rubens, from the Abbey of Saint Jacques sur
Cowdenberg at Brussels, bought in 1777 and removed to Vienna.
II. Objects and documents removed for safety from Belgium to Austria in
1794:
(a)
Arms, armour and other objects from the old Arsenal of Brussels.
(b)
The Treasure of the "Toison d'or" preserved in previous times in
the "Chapelle de la Cour" at Brussels.
(c)
Coinage, stamps, medals and counters by Theodore van Berckel
which were an essential feature in the archives of the "Chambre des
Comptes" at Brussels.
(d)
The original manuscript copies of the "carte chorographique" of
the Austrian Low Countries drawn up by Lieut.-General Comte Jas de
Ferraris between 1770 and 1777, and the documents relating thereto.
ANNEX III [to Part VIII, Section II]
Object removed
from the territory forming part of Poland subsequent to the first
partition in 1772:
The gold cup of
King Ladislas IV, No. 1,114 of the Court Museum at Vienna.
ANNEX IV [to Part VIII, Section II]
1. Documents,
historical memoirs, manuscripts, maps, etc, claimed by the present State
of Czecho-Slovakia, which Thaulow von Rosenthal removed by order of
Maria Theresa.
2. The documents
originally belonging to the Royal Aulic Chancellory of Bohemia and the
Aulic Chamber of Accounts of Bohemia, and the works of art which formed
part of the installation of the Royal Château of Prague and other royal
castles in Bohemia, which were removed by the Emperors Mathias,
Ferdinand II, Charles VI (about 1718, 1723 and 1737) and Francis Joseph
I, all of which are now in the archives, Imperial castles, museums and
other central public institutions at Vienna.
top
PART IX
FINANCIAL
CLAUSES
Article 197
Subject to such
exceptions as the Reparation Commission may make, the first charge upon
all the assets and revenues of Austria shall be the cost of reparation
and all other costs arising under the present Treaty or any treaties or
agreements supplementary thereto, or under arrangements concluded
between Austria and the Allied and Associated Powers during the
Armistice signed on 3 November 1918.
Up to 1 May
1921, the Austrian Government shall not export or dispose of, and shall
forbid the export or disposal of, gold without the previous approval of
the Allied and Associated Powers acting through the Reparation
Commission.
Article 198
There shall be
paid by the Government of Austria the total cost of all armies of the
Allied and Associated Governments occupying territory within the
boundaries of Austria as defined by the present Treaty from the date of
the signature of the Armistice of 3 November 1918, including the keep of
men and beasts, lodging and billeting, pay and allowances, salaries and
wages, bedding, heating, lighting, clothing, equipment, harness and
saddlery, armament and rolling-stock, air services, treatment of sick
and wounded, veterinary and remount services, transport services of all
sorts (such as by rail, sea or river, motor-lorries), communications and
correspondence, and, in general, the cost of all administrative or
technical services the working of which is necessary for the training of
troops and for keeping their numbers up to strength and preserving their
military efficiency.
The cost of such
liabilities under the above heads, so far as they relate to purchases or
requisitions by the Allied and Associated Governments in the occupied
territory, shall be paid by the Austrian Government to the Allied and
Associated Governments in crowns or any legal currency of Austria which
may be substituted for crowns at the current or agreed rate of exchange.
All other of the
above costs shall be paid in the currency of the country to which the
payment is due.
Article 199
Austria confirms
the surrender of all material handed over or to be handed over to the
Allied and Associated Powers in accordance with the Armistice of 3
November 1918, and subsequent Armistice Agreements, and recognises the
title of the Allied and Associated Powers to such material.
There shall be
credited to Austria, against the sums due from her to the Allied and
Associated Powers for reparation, the value, as assessed by the
Reparation Commission, of such of the above material for which, as
having non-military value, credit should, in the judgment of the
Reparation Commission, be allowed to Austria.
Property
belonging to the Allied and Associated Governments or their nationals
restored or surrendered under the Armistice Agreements in specie shall
not be credited to Austria.
Article 200
The priority of
the charges established by Article 197 shall, subject to the
qualifications made in the last paragraph of this Article, be as
follows:
(a)
the cost of the armies of occupation, as defined under Article
198, during the Armistice;
(b)
the cost of any armies of occupation, as defined under Article
198, after the coming into force of the present Treaty;
(c)
the cost of reparation arising out of the present Treaty or any
treaties or conventions supplementary thereto;
(d)
the cost of all other obligations incumbent on Austria under the
Armistice Conventions or under this Treaty or any treaties or
conventions supplementary thereto.
The payment for
such supplies of food and raw material for Austria and such other
payments as may be judged by the Principal Allied and Associated Powers
to be essential to enable Austria to meet her obligations in respect of
reparation shall have priority to the extent and upon the conditions
which have been or may be determined by the Governments of the said
Powers.
Article 201
The right of
each of the Allied and Associated Powers to dispose of enemy assets and
property within its jurisdiction at the date of the coming into force of
the present Treaty is not affected by the foregoing provisions.
Article 202
Nothing in the
foregoing provisions shall prejudice in any manner charges or mortgages
lawfully effected in favour of the Allied and Associated Powers or their
nationals respectively before the date at which a state of war existed
between Austria-Hungary and the Allied or Associated Power concerned by
the former Austrian Government or by nationals of the former Austrian
Empire on assets in their ownership at that date, except in so far as
variations of such charges or mortgages are specifically provided for
under the terms of the present Treaty or any treaties or agreements
supplementary thereto.
Article 203
1. Each of the
States to which territory of the former Austro-Hungarian Monarchy is
transferred, and each of the States arising from the dismemberment of
that Monarchy, including Austria, shall assume responsibility for a
portion of the debt of the former Austrian Government which is
specifically secured on railways, salt mines or other property, and
which was in existence on 28 July 1914. The portion to be so assumed by
each State shall be such portion as in the opinion of the Reparation
Commission represents the secured debt in respect of the railways, salt
mines and other properties transferred to that State under the terms of
the present Treaty or any treaties or agreements supplementary thereto.
The amount of
the liability in respect of secured debt so assumed by each State, other
than Austria, shall be valued by the Reparation Commission, on such
basis as the Commission may consider equitable, and the value so
ascertained shall be deducted from the amount payable by the State in
question to Austria in respect of property of the former or existing
Austrian Government which the State acquires with the territory. Each
State shall be solely responsible in respect of that portion of the
secured debt for which it assumes responsibility under the terms of this
Article, and holders of the debt for which responsibility is assumed by
States other than Austria shall have no recourse against the Government
of any other State.
Any property
which was specifically pledged to secure any debt referred to in this
Article shall remain specifically pledged to secure the new debt. But in
case the property so pledged is situated as the result of the present
Treaty in more than one State, that portion of the property which is
situated in a particular State shall constitute the security only for
that part of the debt which is apportioned to that State, and not for
any other part of the debt.
For the purposes
of the present Article there shall be regarded as secured debt payments
due by the former Austrian Government in connection with the purchase of
railways or similar property; the distribution of the liability for such
payments will be determined by the Reparation Commission in the same
manner as in the case of secured debt.
Debts for which
the responsibility is transferred under the terms of this Article shall
be expressed in terms of the currency of the State assuming the
responsibility, if the original debt was expressed in terms of
Austro-Hungarian paper currency. For the purposes of this conversion the
currency of the assuming State shall be valued in terms of
Austro-Hungarian paper kronen at the rate at which those kronen were
exchanged into the currency of the assuming State by that State when it
first substituted its own currency for Austro-Hungarian kronen. The
basis of this conversion of the currency unit in which the bonds are
expressed shall be subject to the approval of the Reparation Commission,
which shall, if it thinks fit, require the State effecting the
conversion to modify the terms thereof. Such modification shall only be
required if, in the opinion of the Commission, the foreign exchange
value of the currency unit or units substituted for the currency unit in
which the old bonds are expressed is substantially less at the date of
the conversion than the foreign exchange value of the original currency
unit.
If the original
Austrian debt was expressed in terms of a foreign currency or foreign
currencies, the new debt shall be expressed in terms of the same
currency or currencies.
If the original
Austrian debt was expressed in terms of Austro-Hungarian gold coin, the
new debt shall be expressed in terms of equivalent amounts of pounds
sterling and gold dollars of the United States of America, the
equivalents being calculated on the basis of the weight and the fineness
of gold of the three coins as enacted by law on 1 January 1914.
Any foreign
exchange options, whether at fixed rates or otherwise, embodied
explicitly or implicitly in the old bonds shall be embodied in the new
bonds also.
2. Each of the
States to which territory of the former Austro-Hungarian Monarchy is
transferred, and each of the States arising from the dismemberment of
that Monarchy, including Austria, shall assume responsibility for a
portion of the unsecured bonded debt of the former Austrian Government
which was in existence on 28 July 1914, calculated on the basis of the
ratio between the average for the three financial years 1911, 1912,
1913, of such revenues of the distributed territory and the average for
the same years of such revenues of the whole of the former Austrian
territories as in the judgment of the Reparation Commission are best
calculated to represent the financial capacity of the respective
territories. In making the above calculation the revenues of Bosnia and
Herzegovina shall not be included.
The
responsibilities in respect of bonded debt to be assumed under the terms
of this Article shall be discharged in the manner laid down in the Annex
hereto.
The Austrian
Government shall be solely responsible for all the liabilities of the
former Austrian Government incurred prior to 28 July 1914, other than
those evidenced by the bonds, bills, securities and currency notes which
are specifically provided for under the terms of the present Treaty.
Neither the
provisions of this Article nor the provisions of the Annex hereto shall
apply to securities of the former Austrian Government deposited with the
Austro-Hungarian Bank as security for the currency notes issued by that
bank.
ANNEX [to Part IX, Article 203]
The amount of
the former unsecured Austrian Government bonded debt, the responsibility
for which is to be distributed under the provisions of Article 203,
shall be the amount of that debt as it stood on 28 July 1914, after
deducting that portion which represents the liability of the former
Hungarian Government for that debt as provided by the additional
Convention relating to the contribution of the countries of the Sacred
Hungarian Crown to the charges of the general debt of Austria-Hungary
approved by the Austro-Hungarian Law of 30 December 1907, B.L.I. No.
278.
Each State
assuming responsibility for the old unsecured Austrian Government debt
shall, within three months of the coming into force of the present
Treaty, if it has not already done so, stamp with the stamp of its own
Government all the bonds of that debt existing in its own territory. The
distinguishing numbers of the bonds so stamped shall be recorded and
shall be furnished, together with the other records of the stamping, to
the Reparation Commission.
Holders of bonds
within the territory of a State which is required to stamp old Austrian
bonds under the terms of this Annex shall, from the date of the coming
into force of the present Treaty, be creditors in respect of these bonds
of that State only, and they shall have no recourse against the
Government of any other State.
Each State
which, under the terms of Article 203, is required to assume
responsibility for a portion of the old unsecured Austrian Government
debt, and which has ascertained by means of stamping the old Austrian
bonds that the bonds of any particular issue of such old Austrian Bonds
held within its territory were smaller in amount than the amount of that
issue for which, in accordance with the assessment of the Reparation
Commission, it is held responsible, shall deliver to the Reparation
Commission new bonds equal in amount to the difference between the
amount of the issue for which it is responsible and the amount of the
same issue recorded as held within its own territory. Such new bonds
shall be of such denominations as the Reparation Commission may require.
They shall carry the same rights as regards interest and amortisation as
the old bonds for which they are substituted, and in all other respects
the conditions of the new bonds shall be fixed subject to the approval
of the Reparation Commission.
If the original
bond was expressed in terms of Austro-Hungarian paper currency, the new
bond by which it is replaced shall be expressed in terms of the currency
of the State issuing the new bond, and for the purpose of this currency
conversion, the currency of the new State shall be valued in terms of
Austro-Hungarian paper kronen at the rate at which those kronen were
exchanged for the currency of the new State by that State when it first
substituted its own currency for Austro-Hungarian paper kronen. The
basis of this conversion of the currency unit in which the bonds are
expressed shall be subject to the approval of the Reparation Commission,
which shall, if it thinks fit, require the State effecting the
conversion to modify the terms thereof. Such modification shall only be
required if, in the opinion of the Commission, the foreign exchange
value of the currency unit or units substituted for the currency unit in
which the old bonds are expressed is substantially less at the date of
the conversion than the foreign exchange value of the original currency
unit.
If the original
bond was expressed in terms of a foreign currency or foreign currencies,
the new bond shall be expressed in terms of the same currency or
currencies. If the original bond was expressed in terms of
Austro-Hungarian gold coin, the new bond shall he expressed in terms of
equivalent amounts of pounds sterling and gold dollars of the United
States of America, the equivalents being calculated on the basis of the
weight and fineness of gold of the three coins as enacted by law on 1
January 1914.
Any foreign
exchange options, whether at fixed rates or otherwise, embodied
explicitly or implicitly in the old bonds shall be embodied in the new
bonds also.
Each State which
under the terms of Article 203 is required to assume responsibility for
a portion of the old unsecured Austrian Government Debt, which has
ascertained by means of stamping the old Austrian bonds that the bonds
of any particular issue, of such old Austrian bonds held within its
territory were larger in amount than the amount of that issue for which
it is held responsible in accordance with the assessment of the
Reparation Commission, shall receive from the Reparation Commission its
due proportionate share of each of the new issues of bonds issued in
accordance with the provisions of this Annex.
Holders of
unsecured bonds of the old Austrian Government Debt held outside the
boundaries of the States to which territory of the former
Austro-Hungarian Monarchy is transferred, or of States arising from the
dismemberment of that Monarchy, including Austria, shall deliver through
the agency of their respective Governments to the Reparation Commission
the bonds which they hold, and in exchange therefor the Reparation
Commission shall deliver to them certificates entitling them to their
due proportionate share of each of the new issues of bonds corresponding
to and issued in exchange for their surrendered bonds under the
provisions of this Annex.
The share of
each State or private holder entitled to a share in any new issue of
bonds issued in accordance with the provisions of this Annex shall bear
such proportion to the total amount of bonds of that new issue as the
holding of the State or private owner in question of the old issue of
bonds bears to the total amount of the old issue presented to the
Reparation Commission for exchange into new bonds in accordance with the
provisions of this Annex. Each such participating State or private
holder will also be entitled to its or his due proportionate share of
the new bonds issued under the terms of the Treaty with Hungary in
exchange for that portion of the former Austrian Government debt for
which Hungary accepted liability under the additional Convention of
1907.
The Reparation
Commission shall, if it think fit, arrange with the holders of the new
bonds provided for by this Annex a consolidation loan of each debtor
State, the bonds of which loan shall be substituted for the various
different issues of new bonds on such terms as may be agreed upon by the
Commission and the bondholders.
The State
assuming liability for any bond of the former Austrian Government shall
assume any liability attaching to the bond in respect of unpaid coupons
or sinking fund instalments accrued since the date of the coming into
force of the present Treaty.
Article 204
1. In case the
new boundaries of any States, as laid down by the present Treaty, shall
divide any local area which was a single unit for borrowing purposes and
which had a legally constituted public debt, such debt shall be divided
between the new divisions of the area in a proportion to be determined
by the Reparation Commission in accordance with the principles laid down
for the reapportionment of Government debts under Article 203, and the
responsibility so assumed shall be discharged in such manner as the
Reparation Commission shall determine.
2. The public
debt of Bosnia and Herzegovina shall be regarded as the debt of a local
area and not as part of the public debt of the former Austro-Hungarian
Monarchy.
Article 205
Within two
months of the coming into force of the present Treaty, each one of the
States to which territory of the former Austro-Hungarian Monarchy is
transferred and each one of the States arising from the dismemberment of
that Monarchy, including Austria, shall, if it has not already done so,
stamp with the stamp of its own Government the securities of various
kinds which are separately provided for, representing the bonded war
debt of the former Austrian Government as legally constituted prior to
27 October 1918, and existing in their respective territories.
The securities
thus stamped shall be withdrawn and replaced by certificates, their
distinguishing numbers shall be recorded, and any securities withdrawn,
together with the documents recording the transaction, shall be sent to
the Reparation Commission.
The stamping and
replacement of a security by a certificate under the provisions of this
Article shall not imply that the State so stamping and replacing a
security thereby assumes or recognises any obligation in respect of it,
unless the State in question desires that the stamping and replacement
should have this implication.
The
aforementioned States, with the exception of Austria, shall be free from
any obligation in respect of the war debt of the former Austrian
Government, wherever that debt may be held, but neither the Governments
of those States nor their nationals shall have recourse under any
circumstances whatever against any other States, including Austria, in
respected the war debt bonds of which they or their nationals are the
beneficial owners.
The war debt of
the former Austrian Government which was prior to the signature of the
present Treaty in the beneficial ownership of nationals or Governments
of States other than those to which territory of the former
Austro-Hungarian Monarchy is assigned shall be a charge upon the
Government of Austria only, and no one of the other States
aforementioned shall be held responsible for any part thereof.
The provisions
of this Article shall not apply to the securities of the former Austrian
Government deposited by that Government with the Austro-Hungarian Bank
as security for the currency notes of the said bank.
The existing
Austrian Government shall be solely responsible for all the liabilities
of the former Austrian Government incurred during the war, other than
those evidenced by the bonds, bills, securities and currency notes which
are specifically provided for under the terms of the present Treaty.
Article 206
1. Within two
months of the coming into force of the present Treaty, each one of the
States to which territory of the former Austro-Hungarian Monarchy is
transferred, and each one of the States arising from the dismemberment
of that Monarchy, including Austria and the present Hungary, shall, if
it has not already done so, stamp with the stamp of its own Government
the currency notes of the Austro-Hungarian Bank existing in its
territory.
2. Within twelve
months of the coming into force of the present Treaty, each one of the
States to which territory of the former Austro-Hungarian Monarchy is
transferred, and each one of the States arising from the dismemberment
of that Monarchy, including Austria and the present Hungary, shall
replace, as it may think fit, the stamped notes referred to above by its
own or a new currency.
3. The
Governments of such States as have already converted the currency notes
of the Austro-Hungarian Bank by stamping or by the issue of their own or
a new currency, and in carrying out this operation have withdrawn,
without stamping them, a portion or all of the currency notes
circulating in their territory, shall either stamp the notes so
withdrawn or hold them at the disposal of the Reparation Commission.
4. Within
fourteen months of the coming into force of the present Treaty, those
Governments which have replaced notes of the bank by their own or new
currency, in accordance with the provisions of this Article, shall
transfer to the Reparation Commission all the notes, stamped or
unstamped, of the bank which have been withdrawn in the course of this
replacement.
5. All notes
transferred to the Reparation Commission under the provisions of this
Article shall be dealt with by that Commission in accordance with the
provisions of the Annex hereto.
6. The
Austro-Hungarian Bank shall be liquidated as from the day succeeding the
day of the signature of this Treaty.
7. The
liquidation shall be conducted by receivers specially appointed for that
purpose by the Reparation Commission. In conducting the liquidation of
the bank, the receivers shall follow the rules laid down in the Statutes
or other valid instruments regulating the constitution of the bank,
subject, however, to the special provisions of this Article. In the case
of any doubt arising as to the interpretation of the rules concerning
the liquidation of the bank, whether laid down in these Articles and
Annexes or in the Statutes of the bank, the decision of the Reparation
Commission or any arbitrator appointed by it for that purpose shall be
final.
8. The currency
notes issued by the bank subsequent to 27 October 1918 shall have a
claim on the securities issued by the Austrian and Hungarian
Governments, both former and existing, and deposited with the bank by
those Governments as security for these notes, but they shall not have a
claim on any other assets of the bank.
9. The currency
notes issued by the bank on or prior to 27 October 1918, in so far as
they are entitled to rank at all in conformity with this Article, shall
all rank equally as claims against all the assets of the bank, other
than the Austrian and Hungarian Government securities deposited as
security for the various note issues.
10. The
securities deposited by the Austrian and Hungarian Governments, both
former and existing, with the bank as security for the currency notes
issued on or prior to 27 October 1918, shall be cancelled in so far as
they represent the notes converted in the territory of the former
Austro-Hungarian Monarchy as it existed on 28 July 1914 by States to
which territory of that Monarchy is transferred or by States arising
from the dismemberment of that Monarchy, including Austria and the
present Hungary.
11. The
remainder of the securities deposited by the Austrian and Hungarian
Governments, both former and existing, with the bank as security for the
currency notes issued on or prior to 27 October 1918 shall be retained
in force as security for, and in so far as they represent, the notes
issued on or prior to 27 October 1918, which on 15 June 1919 were
outside the limits of the former Austro-Hungarian Monarchy as it existed
on 28 July 1914, that is to say, firstly, all notes of this description
which are presented to the Reparation Commission in accordance with
paragraph 4 of this Article, and secondly all notes of this description
which may be held elsewhere and are presented to the receivers of the
bank in accordance with the Annex hereto.
12. No claims on
account of any other currency notes issued on or prior to 27 October
1918 shall rank either against the general assets of the bank or against
the securities deposited by the Austrian and Hungarian Governments, both
former and existing, as security for the notes, and any balance of such
securities remaining after the amount of securities mentioned in
paragraphs 10 and 11 has been calculated and deducted shall be
cancelled.
13. All
securities deposited by the Austrian and Hungarian Governments, both
former and existing, with the bank as security for currency note issues
and which are maintained in force shall be the obligations respectively
of the Governments of Austria and the present Hungary only and not of
any other States.
14. The holders
of currency notes of the Austro-Hungarian Bank shall have no recourse
against the Governments of Austria or the present Hungary or any other
Government in respect of any loss which they may suffer as the result of
the liquidation of the bank.
ANNEX [to Part IX, Article 206]
1. The
respective Governments, when transmitting to the Reparation Commission
all the currency notes of the Austro-Hungarian Bank withdrawn by them
from circulation in accordance with the terms of Article 206, shall also
deliver to the Commission all the records showing the nature and amounts
of the conversions which they have effected.
2. The
Reparation Commission, after examining the records, shall deliver to the
said Governments separate certificates stating the total amount of
currency notes which the Governments have converted:
(a)
within the limits of the former Austro-Hungarian Monarchy as it
existed on 28 July 1914;
(b)
elsewhere.
These
certificates will entitle the bearer to lodge a claim with the receivers
of the bank for currency notes thus converted which are entitled to
share in the assets of the bank.
3. After the
liquidation of the bank is completed, the Reparation Commission shall
destroy the notes thus withdrawn.
4. No notes
issued on or prior to 27 October 1918, wherever they may be held, will
rank as claims against the bank unless they are presented through the
Government of the country in which they are held.
Article 207
Each one of the
States to which territory of the former Austro-Hungarian Monarchy is
transferred, and each one of the States arising from the dismemberment
of that Monarchy, including Austria, shall deal as it thinks fit with
the petty or token coinage of the former Austro-Hungarian Monarchy
existing in its territory.
No such State
shall have any recourse, under any circumstances, on behalf either of
itself or of its nationals, against any other State with regard to such
petty or token coinage.
Article 208
States to which
territory of the former Austro-Hungarian Monarchy is transferred and
States arising from the dismemberment of that Monarchy shall acquire all
property and possessions situated within their territories belonging to
the former or existing Austrian Government.
For the purposes
of this Article, the property and possessions of the former or existing
Austrian Government shall be deemed to include the property of the
former Austrian Empire and the interests of that Empire in the joint
property of the Austro-Hungarian Monarchy, as well as all the property
of the Crown, and the private property of members of the former Royal
Family of Austria-Hungary.
These States
shall, however, have no claim to any property of the former or existing
Government of Austria situated outside their own respective territories.
The value of
such property and possessions acquired by States other than Austria
shall be fixed by the Reparation Commission and placed by that
Commission to the credit of Austria and to the debit of the State
acquiring such property on account of the sums due for reparation. The
Reparation Commission shall deduct from the value of the public property
thus acquired an amount proportionate to the contribution in money, land
or material made directly by any province or commune or other autonomous
local authority towards the cost of such property.
Without
prejudice to Article 203 relating to secured Debt, in the case of each
State acquiring property under the provisions of this Article, the
amount placed to the credit of Austria and to the debit of the said
State in accordance with the preceding paragraph shall be reduced by the
value of the amount of the liability in respect of the unsecured Debt of
the former Austrian Government assumed by that State under the
provisions of Article 203 which, in the opinion of the Reparation
Commission, represents expenditure upon the property so acquired. The
value shall be fixed by the Reparation Commission on such basis as the
Commission may consider equitable.
Property of the
former and existing Austrian Governments shall be deemed to include a
share of the real property in Bosnia-Herzegovina of all descriptions for
which, under Article 5 of the Convention of 26 February 1909, the
Government of the former Austro-Hungarian Monarchy paid
[sterling]T2,500,000 to the Ottoman Government. Such share shall be
proportionate to the share which the former Austrian Empire contributed
to the above payment, and the value of this share, as assessed by the
Reparation Commission, shall be credited to Austria on account of
reparation.
As exception to
the above, there shall be transferred without payment:
(1)
the property and possessions of provinces, communes and other
local autonomous institutions of the former Austro-Hungarian Monarchy,
including those in Bosnia-Herzegovina which did not belong to the former
Austro-Hungarian Monarchy;
(2)
Schools and hospitals the property of the former Austro-Hungarian
Monarchy;
(3)
forests which belonged to the former Kingdom of Poland.
Further, any
building or other property situated in the respective territories
transferred to the States referred to in the first paragraph whose
principal value lies in its historic interest and associations, and
which formerly belonged to the Kingdom of Bohemia, the Kingdom of
Poland, the Kingdom of Croatia-Slavonia-Dalmatia, Bosnia-Herzegovina,
the Republic of Ragusa, the Venetian Republic or the Episcopal
Principalities of Trient and Bressanone, may, subject to the approval of
the Reparation Commission, be transferred to the Government entitled
thereto without payment.
Article 209
Austria
renounces, so far as she is concerned, all rights accorded to her or her
nationals by treaties, conventions or agreements, of whatsoever kind, to
representation upon or participation in the control or administration of
commissions, State banks, agencies or other financial or economic
organisations of an international character exercising powers of control
or administration and operating in any of the Allied or Associated
States, or in Germany, Hungary, Bulgaria or Turkey, or in the
dependencies of these States, or in the former Russian Empire.
Article 210
1. The Austrian
Government agrees to deliver within one month from the coming into force
of the present Treaty to such authority as the Principal Allied and
Associated Powers may designate the sum in gold deposited in the
Austro-Hungarian Bank in the name of the Council of the Administration
of the Ottoman Public Debt as security for the first issue of Turkish
Government currency notes.
2. Without
prejudice to Article 244, Part X (Economic Clauses), of the present
Treaty, Austria renounces, so far as she is concerned, any benefit
disclosed by the Treaties of Bucharest and Brest-Litovsk, and by the
Treaties supplementary thereto.
Austria
undertakes to transfer either to Roumania or to the Principal Allied and
Associated Powers, as the case may be, all monetary instruments, specie,
securities and negotiable instruments or goods which she has received
under the aforesaid treaties.
3. The sums of
money and all securities, instruments and goods, of whatsoever nature,
to be delivered, paid or transferred under the provisions of this
Article, shall be disposed of by the Principal Allied and Associated
Powers in a manner hereafter to be determined by those Powers.
4. Austria
recognises any transfer of gold provided for by Article 259(5) of the
Treaty of Peace concluded at Versailles on 28 June 1919 between the
Allied and Associated Powers and Germany, and any transfer of claims
provided for by Article 261 of that Treaty.
Article 211
Without
prejudice to the renunciation of any rights by Austria on behalf of
herself or of her nationals in the other provisions of the present
Treaty, the Reparation Commission may, within one year from the coming
into force of the present Treaty, demand that Austria become possessed
of any rights and interests of her nationals in any public utility
undertaking or in any concession operating in Russia, Turkey, Germany,
Hungary or Bulgaria, or in the possessions or dependencies of these
States, or in any territory formerly belonging to Austria or her allies
to be transferred by Austria or her allies to any State, or to be
administered by a mandatory under any Treaty entered into with the
Allied and Associated Powers, and may require that the Austrian
Government transfer, within six months of the date of demand, to the
Reparation Commission all such rights and interests and any similar
rights and interests owned by the former or existing Austrian
Government.
Austria shall be
responsible for indemnifying her nationals so dispossessed, and the
Reparation Commission shall credit Austria, on account of sums due for
reparation, with such sums in respect of the value of the transferred
rights and interests as may be assessed by the Reparation Commission,
and Austria shall, within six months from the coming into force of the
present Treaty, communicate to the Reparation Commission all such rights
and interests, whether already granted, contingent or not yet exercised,
and shall renounce on behalf of herself and her nationals in favour of
the Allied and Associated Powers all such rights and interests which
have not been so communicated.
Article 212
Austria
undertakes to refrain from preventing or impeding such acquisition by
the German, Hungarian, Bulgarian or Turkish Governments of any rights
and interests of German, Hungarian, Bulgarian or Turkish nationals in
public utility undertakings or concessions operating in Austria as may
be required by the Reparation Commission under the terms of the Treaties
of Peace or supplementary treaties or conventions concluded between the
Allied and Associated Powers and the German, Hungarian, Bulgarian or
Turkish Governments respectively.
Article 213
Austria
undertakes to transfer to the Allied and Associated Powers all claims in
favour of the former or existing Austrian Governments to payment or
reparation by the Governments of Germany, Hungary, Bulgaria or Turkey,
and in particular all claims which may arise now or hereafter in the
fulfilment of undertakings made after 28 July 1914 until the coming into
force of the present Treaty.
The value of
such claims shall be assessed by the Reparation Commission, and shall be
transferred to the Reparation Commission for the credit of Austria on
account of the sums due for reparation,
Article 214
Any monetary
obligation arising out of the present Treaty and expressed in terms of
gold kronen shall, unless some other arrangement is specifically
provided for in any particular case under the terms of this Treaty or of
treaties or conventions supplementary thereto, be payable at the option
of the creditors in pounds sterling payable in London, gold dollars of
the United States of America payable in New York, gold francs payable in
Paris, or gold lire payable in Rome.
For the purposes
of this Article, the gold coins mentioned above shall be defined as
being of the weight and fineness of gold as enacted by law on 1 January
1914.
Article 215
Any financial
adjustments, such as those relating to any banking and insurance
companies, savings banks, postal savings banks, land banks, mortgage
companies or other similar institutions, operating within the territory
of the former Austro-Hungarian Monarchy, necessitated by the partition
of that Monarchy and the resettlement of public debts and currency
provided for by these Articles, shall be regulated by agreement between
the various Governments concerned in such a manner as shall best secure
equitable treatment to all the parties interested. In case the
Governments concerned are unable to come to an agreement on any question
arising out of this financial adjustment, or in case any Government is
of opinion that its nationals have not received equitable treatment, the
Reparation Commission shall, on the application of any one of the
Governments concerned, appoint an arbitrator or arbitrators, whose
decision shall be final.
Article 216
The Government
of Austria shall be under no liability in respect of civil or military
pensions granted to nationals of the former Austrian Empire who have
been recognised as nationals of other States or who become so under the
provisions of the present Treaty.
top
PART X
ECONOMIC CLAUSES
SECTION I
COMMERCIAL
RELATIONS
Chapter I
Customs
regulations, duties and restrictions
Article 217
Austria
undertakes that goods the produce or manufacture of any one of the
Allied or Associated States imported into Austrian 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.
Austria will not
maintain or impose any prohibition or restriction on the importation
into Austrian territory of any goods the produce or manufacture of the
territories of any one of the Allied or Associated States, from
whatsoever place arriving, which shall not equally extend to the
importation of the like goods the produce or manufacture of any other
such State or of any other foreign country.
Article 218
Austria further
undertakes that, in the matter of the regime applicable on importation,
no discrimination against the commerce of any of the Allied and
Associated States as compared with any other of the said States or any
other foreign country shall be made, even by indirect means, such as
customs regulations or procedure, methods of verification or analysis,
conditions of payment of duties, tariff classification or
interpretation, or the operation of monopolies.
Article 219
In all that
concerns exportation, Austria undertakes that goods, natural products or
manufactured articles, exported from Austrian 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.
Austria will not
maintain or impose any prohibition or restriction on the exportation of
any goods sent from her territory to any one of the Allied or Associated
States which shall not equally extend to the exportation of the like
goods, natural products or manufactured articles, sent to any other such
State or to any other foreign country.
Article 220
Every favour,
immunity or privilege in regard to the importation, exportation or
transit of goods granted by Austria to any Allied or Associated State or
to any other foreign country whatever shall simultaneously and
unconditionally, without request and without compensation, be extended
to all the Allied and Associated States.
Article 221
By way of
exception to the provisions of Article 286, Part XII (Ports, Waterways
and Railways), products in transit by the ports which before the war
were situated in territory of the former Austro-Hungarian Monarchy
shall, for a period of three years from the coming into force of the
present Treaty, enjoy on importation into Austria reductions of duty
corresponding with and in proportion to those applied to such products
under the Austro-Hungarian Customs Tariff of 13 February 1906, when
imported by such ports.
Article 222
Notwithstanding
the provisions of Articles 217 to 220, the Allied and Associated Powers
agree that they will not invoke these provisions to secure the advantage
of any arrangements which may be made by the Austrian Government with
the Governments of Hungary or of the Czecho-Slovak State for the accord
of a special customs regime to certain natural or manufactured products
which both originate in and come from those countries, and which shall
be specified in the arrangements, provided that the duration of these
arrangements does not exceed a period of five years from the coming into
force of the present Treaty.
Article 223
During the first
six months after the coming into force of the present Treaty, the duties
imposed by Austria on imports from Allied and Associated States shall
not be higher than the most favourable duties which were applied to
imports into the former Austro-Hungarian Monarchy on 28 July 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
the importation of fruits (fresh and dried), fresh vegetables, olive
oil, eggs, pigs and pork products, and live poultry, in so far as such
products enjoyed at the abovementioned date (28 July 1914) rates
conventionalised by treaties with the Allied or Associated Powers.
Article 224
(1) The Czecho-Slovak
State and Poland undertake that for a period of fifteen years from the
coming into force of the present Treaty they will not impose on the
exportation to Austria of the products of coal mines in their
territories any export duties or other charges or restrictions on
exportation different from or more onerous than those imposed on such
exportation to any other country.
(2) Special
agreements shall be made between the Czecho-Slovak State and Poland and
Austria as to the supply of coal and of raw materials reciprocally.
(3) Pending the
conclusion of such agreements, but in no case during more than three
years from the coming into force of the present Treaty, the Czecho-Slovak
State and Poland undertake that no export duty or other restrictions of
any kind shall be imposed on the export to Austria of coal or lignite up
to a reasonable quantity to be fixed, failing agreement between the
States concerned, by the Reparation Commission. In fixing this quantity
the Reparation Commission shall take into account all the circumstances,
including the quantities both of coal and of lignite supplied before the
war to present Austrian territory from Upper Silesia and from the
territory of the former Austrian Empire transferred to the Czecho-Slovak
State and Poland in accordance with the present Treaty, and the
quantities now available for export from those countries. Austria shall
in return furnish to the Czecho-Slovak State and Poland supplies of the
raw materials referred to in paragraph (2) in accordance with the
decisions of the Reparation Commission.
(4) The Czecho-Slovak
State and Poland further undertake during the same period to take such
steps as may be necessary to ensure that any such products shall be
available for sale to purchasers in Austria on terms as favourable as
are applicable to like products sold under similar conditions to
purchasers in the Czecho-Slovak State or Poland respectively or in any
other country.
(5) In case of
disagreement in the execution or interpretation of any of the above
provisions the Reparation Commission shall decide.
Chapter II
Shipping
Article 225
The High
Contracting Parties agree to recognise the flag flown by the vessels of
any Contracting Party having no sea-coast, which are registered at some
one specified place situated in its territory; such place shall serve as
the port of registry of such vessels.
Chapter III
Unfair
competition
Article 226
Austria
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.
Austria
undertakes to prohibit and repress by seizure and by other appropriate
remedies the importation, exportation, manufacture, distribution, sale
or offering for sale in her territory of all goods bearing upon
themselves or their usual get-up or wrappings any marks, names, devices
or descriptions whatsoever which are calculated to convey directly or
indirectly a false indication of the origin, type, nature or special
characteristics of such goods.
Article 227
Austria
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 Austrian
Government and repressed by the measures prescribed in the preceding
Article.
Chapter IV
Treatment of
nationals of Allied and Associated Powers
Article 228
Austria
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 1 July
1914 to the nationals of such Powers unless such restriction is likewise
imposed on her own nationals.
Article 229
The nationals of
the Allied and Associated Powers shall enjoy in Austrian territory a
constant protection for their persons and for their property, rights and
interests, and shall have free access to the courts of law.
Article 230
Austria
undertakes to recognise any new nationality which has been or may be
acquired by her nationals under the laws of the Allied and Associated
Powers, and in accordance with the decisions of the competent
authorities of' these Powers pursuant to naturalisation laws or under
treaty stipulations, and to regard such persons as having, in
consequence of the acquisition of such new nationality, in all respects
severed their allegiance to their country of origin.
Article 231
The Allied and
Associated Powers may appoint consuls-general, consuls, vice-consuls and
consular agents in Austrian towns and ports. Austria undertakes to
approve the designation of the consuls-general, consuls, vice-consuls
and consular agents, whose names shall be notified to her, and to admit
them to the exercise of their functions in conformity with the usual
rules and customs.
Chapter V
General Articles
Article 232
The obligations
imposed on Austria by Chapter I 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.
Nevertheless it
is agreed that unless the League of Nations decides otherwise an Allied
or Associated Power shall not after the expiration of three years from
the coming into force of the present Treaty be entitled to require the
fulfilment by Austria of the provisions of Articles 217, 218, 219 or 220
unless that Power accords correlative treatment to Austria.
Article 228
shall remain in operation, with or without amendment, after the period
of five years for such further period, if any, not exceeding five years,
as may be determined by a majority of the Council of the League of
Nations.
Article 233
If the Austrian
Government engages in international trade, it shall not in respect
thereof have or be deemed to have any rights, privileges or immunities
of sovereignty.
SECTION II
TREATIES
Article 234
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 concluded by the former Austro-Hungarian Monarchy
and enumerated below and in the subsequent Articles shall alone be
applied as between Austria and those of the Allied and Associated Powers
party thereto:
(1)
Conventions of 14 March 1884, 1 December 1886 and 23 March 1887,
and Final Protocol of 7 July 1887, regarding the Protection of Submarine
Cables.
(2)
Convention of 11 October 1909 regarding the International
Circulation of Motorcars.
(3)
Agreement of 15 May 1886 regarding the Sealing of Railway Trucks
subject to Customs Inspection, and Protocol of 18 May 1907.
(4)
Agreement of 15 May 1886 regarding the Technical Standardisation
of Railways.
(5)
Convention of 5 July 1890 regarding the Publication of Customs
Tariffs and the Organisation of an International Union for the
Publication of Customs Tariffs.
(6)
Convention of 25 April 1907 regarding the raising of the Turkish
Customs Tariff.
(7)
Convention of 14 March 1857 for the Redemption of Toll Dues on
the Sound and Belts.
(8)
Convention of 22 June 1861 for the Redemption of the State Toll
on the Elbe.
(9)
Convention of 16 July 1863 for the Redemption of the Toll Dues on
the Scheldt.
(10)
Convention of 29 October 1888 regarding the establishment of a
Definite Arrangement guaranteeing the Free Use of the Suez Canal.
(11)
Convention of 23 September 1910 respecting the Unification of
Certain Regulations regarding Collisions and Salvage at Sea.
(12)
Convention of 21 December 1904 regarding the Exemption of
Hospital Ships from Dues and Charges in Port.
(13)
Convention of 26 September 1906 for the Suppression of Nightwork
for Women.
(14)
Conventions of 18 May 1904 and 4 May 1910 regarding the
Suppression of the White Slave Traffic.
(15)
Convention of 4 May 1910 regarding the Suppression of Obscene
Publications.
(16)
Sanitary Convention of 3 December 1903 and the preceding
Conventions signed on 30 January 1892, 15 April 1893, 3 April 1894 and
19 March 1897.
(17)
Convention of 20 May 1875 regarding the Unification and
Improvement of the Metric System.
(18)
Convention of 29 November 1906 regarding the Unification of
Pharmacopoeial Formulae for Potent Drugs.
(19)
Conventions of 16 and 19 November 1885 regarding the
Establishment of a Concert Pitch.
(20)
Convention of 7 June 1905 regarding the Creation of an
International Agricultural Institute at Rome.
(21)
Conventions of 3 November 1881 and 15 April 1889 regarding
Precautionary Measures against Phylloxera.
(22)
Convention of 19 March 1902 regarding the Protection of Birds
Useful to Agriculture.
(23)
Convention of 12 June 1902 regarding the Guardianship of Minors.
Article 235
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, Austria undertaking to comply with the special
stipulations contained in this Article.
Postal
Conventions:
Conventions and
Agreements of the Universal Postal Union concluded at Vienna, 4 July
1891.
Conventions and
Agreements of the Postal Union signed at Washington, 15 June 1897.
Conventions and
Agreements of the Postal Union signed at Rome, 26 May 1906.
Telegraphic
Conventions:
International
Telegraphic Conventions signed at St. Petersburg, 10/22 July 1875.
Regulations and
Tariffs drawn up by the International Telegraphic Conference, Lisbon, 11
June 1908.
Austria
undertakes not to refuse her assent to the conclusion by the new States
of the special arrangements referred to in the Conventions and
Agreements relating to the Universal Postal Union and to the
International Telegraphic Union, to which the said new States have
adhered or may adhere.
Article 236
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 5 July 1912, Austria undertaking to comply with 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 5 July 1912, this
new convention shall bind Austria, even if Austria should refuse either
to take part in drawing up the convention, or to subscribe thereto.
This new
convention will likewise replace the provisional regulations in force.
Article 237
The
International Convention of Paris of 20 March 1883 for the Protection of
Industrial Property, revised at Washington on 2 June 1911, and the
Agreement of 14 April 1891 concerning the International Registration of
Trademarks shall be applied as from the coming into force of the present
Treaty, in so far as they are not affected or modified by the exceptions
and restrictions resulting therefrom.
Article 238
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 17
July 1905 relating to Civil Procedure. This provision, however, will not
apply to France, Portugal and Roumania.
Article 239
Austria
undertakes, within twelve months of the coming into force of the present
Treaty, to adhere in the prescribed form to the International Convention
of Berne of 9 September 1886 for the Protection of Literary and Artistic
Works, revised at Berlin on 13 November 1908 and completed by the
additional Protocol signed at Berne on 20 March 1914 relating to the
Protection of Literary and Artistic Works.
Until her
adherence, Austria undertakes to recognise and protect by effective
measures and in accordance with the principles of the said Convention
the literary and artistic works of nationals of the Allied and
Associated Powers.
In addition, and
irrespective of the abovementioned adherence, Austria undertakes to
continue to assure such recognition and such protection to all literary
and artistic works of the nationals of each of the Allied and Associated
Powers to an extent at least as great as upon 28 July 1914, and upon the
same conditions.
Article 240
Austria
undertakes to adhere to the following Conventions:
(1)
Convention of 26 September 1906 for the Suppression of the Use of
White Phosphorus in the Manufacture of Matches.
(2)
Convention of 31 December 1913 regarding the Unification of
Commercial Statistics.
Article 241
Each of the
Allied or Associated Powers, being guided by the general principles or
special provisions of the present Treaty, shall notify to Austria the
bilateral agreements of all kinds which were in force between her and
the former Austro-Hungarian Monarchy, and which she wishes should be in
force as between her and Austria.
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 Austria. The date of the coming into force
shall be that of the notification.
The Allied and
Associated Powers undertake among themselves not to apply, as between
themselves and Austria, any agreements which are not in accordance with
the terms of the present Treaty.
The notification
shall mention any provisions of the said agreements which, not being in
accordance with the terms of the present Treaty, shall not be considered
as coming into force.
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 agreements which have been the subject of such a notification
shall be put in force between the Allied and Associated Powers and
Austria.
The above rules
apply to all bilateral agreements existing between any Allied and
Associated Powers signatories to the present Treaty and Austria, even if
the said Allied and Associated Powers have not been in a state of war
with Austria.
Article 242
Austria hereby
recognises that all treaties, conventions or agreements concluded by
her, or by the former Austro-Hungarian Monarchy, with Germany, Hungary,
Bulgaria or Turkey since 1 August 1914 until the coming into force of
the present Treaty are of no effect.
Article 243
Austria
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, or the former
Austro-Hungarian Monarchy, may have granted to Germany, Hungary,
Bulgaria or Turkey, or to the officials and nationals of these States by
treaties, conventions or arrangements concluded before 1 August 1914, so
long as those treaties, conventions or arrangements are in force.
The Allied and
Associated Powers reserve the right to accept or not the enjoyment of
these rights and advantages.
Article 244
Austria
recognises that all treaties, conventions or arrangements which she, or
the former Austro-Hungarian Monarchy, concluded with Russia, or with any
State or Government of which the territory previously formed a part of
Russia, or with Roumania, before 28 July 1914, or after that date until
the coming into force of the present Treaty, are of no effect.
Article 245
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
28 July 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
the former Austro-Hungarian Monarchy or to Austria or to an Austrian
national, such concessions, privileges and favours are ipso facto
annulled by the present Treaty.
No claims or
indemnities which may result from this annulment shall be charged
against the Allied or Associated Powers or the Powers, States,
Governments or public authorities which are released from their
engagements by the present Article.
Article 246
From the coming
into force of the present Treaty, Austria undertakes, so far as she is
concerned, to give the Allied and Associated Powers and their nationals
the benefit ipso facto of the rights and advantages of any kind
which she or the former Austro-Hungarian Monarchy has granted by
treaties, conventions or arrangements to non-belligerent States or their
nationals since 28 July 1914 until the coming into force of the present
Treaty, so long as those treaties, conventions or arrangements are in
force for Austria.
Article 247
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 23 January
1912, agree to bring the said Convention into force, and for this
purpose to enact the necessary legislation without delay and, in any
case, within a period of twelve months from the coming into force of the
present Treaty.
Furthermore,
they agree that ratification of the present Treaty should, in the case
of Powers which have not yet ratified the Opium Convention, be deemed in
all respects equivalent to the ratification of that Convention and to
the signature of the Special Protocol which was opened at The Hague in
accordance with the resolutions adopted by the Third Opium Conference in
1914 for bringing the said Convention into force.
For this purpose
the Government of the French Republic will communicate to the Government
of the Netherlands a certified copy of the protocol of the deposit of
ratifications of the present Treaty, and will invite the Government of
the Netherlands to accept and deposit the said certified copy as if it
were a deposit of ratifications of the Opium Convention and a signature
of the Additional Protocol of 1914.
SECTION III
DEBTS
Article 248
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
existence of a state 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 or taken over 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.
In the case of
interest or capital sums payable in respect of securities issued or
taken over by the former Austro-Hungarian Government, the amount to be
credited and paid by Austria will be the interest or capital in respect
only of the debt for which Austria is liable in accordance with Part IX
(Financial Clauses) of the present Treaty, and the principles laid down
by the Reparation Commission.
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 for 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;
(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 Austria-Hungary.
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 the new States of Poland and the Czecho-Slovak State, 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, unless they shall have been previously settled by
agreement between the States interested;
(e)
The provisions of this Article and of the Annex hereto shall not
apply as between Austria, 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 Austria 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 which 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 Austrian 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 [to Part X, Section III]
1. Each of the
High Contracting Parties will, within three months from the notification
provided for in Article 248, 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
248 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 248 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 248 shall
take effect whenever, for any reason, a debt shall not be recoverable,
except in a case where at the date of the outbreak of war the debt was
barred by the laws of prescription in force in the country of the
debtor, or where the debtor was at that time in a state of bankruptcy or
failure or had given formal indication of insolvency, or where the debt
was due by a company whose business has been liquidated under emergency
legislation during the war. In such case the procedure specified by this
Annex shall apply to payment of the dividends.
The terms
"bankruptcy" and "failure" refer to the application of legislation
providing for such juridical conditions. The expression "formal
indication of insolvency" bears the same meaning as it has in English
law.
5. Creditors
shall give notice to the Creditor Clearing Office within six months of
its establishment of debts due to them, and shall furnish the Clearing
Office with any documents and information required of them.
The High
Contracting Parties will take all suitable measures to trace and punish
collusion between enemy creditors and debtors. The Clearing Offices will
communicate to one another any evidence and information which might help
the discovery and punishment of such collusion.
The High
Contracting Parties will facilitate as much as possible postal and
telegraphic communication at the expense of the parties concerned and
through the intervention of the Clearing Offices between debtors and
creditors desirous of coming to an agreement as to the amount of their
debt.
The Creditor
Clearing Office will notify the Debtor Clearing Office of all debts
declared to it. The Debtor Clearing Office will, in due course, inform
the Creditor Clearing Office which debts are admitted and which debts
are contested. In the latter case, the Debtor Clearing Office will give
the grounds for the non-admission of debt.
6. When a debt
has been admitted, in whole or in part, the Debtor Clearing Office will
at once credit the Creditor Clearing Office with the amount admitted,
and at the same time notify it of such credit.
7. The debt
shall be deemed to be admitted in full and shall be credited forthwith
to the Creditor Clearing Office unless within three months from the
receipt of the notification, or such longer time as may be agreed to by
the Creditor Clearing Office, notice has been given by the Debtor
Clearing Office that it is not admitted.
8. When the
whole or part of a debt is not admitted the two Clearing Offices will
examine into the matter jointly and will 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 percent 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 percent 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 248, 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.
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
percent 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 percent 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 248, the creditor shall be at liberty
to prosecute the claim before the Courts or to take such other
proceedings as may be open to him.
The presentation
of a claim to the Clearing Office suspends the operation of any period
of prescription.
24. The High
Contracting Parties agree to regard the decisions of the Mixed Arbitral
Tribunal as final and conclusive, and to render them binding upon their
nationals.
25. In any case
where a Creditor Clearing Office declines to notify a claim to the
Debtor Clearing Office, or to take any step provided for in this Annex
intended to make effective in whole or in part a request of which it has
received due notice, the enemy creditor shall be entitled to receive
from the Clearing Office a certificate setting out the amount of the
claim, and shall then be entitled to prosecute the claim before the
courts or to take such other proceedings as may be open to him.
SECTION IV
PROPERTY, RIGHTS
AND INTERESTS
Article 249
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 in the territory of the former Austrian
Empire 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.
(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 which belong at the date of
the coming into force of the present Treaty to nationals of the former
Austrian Empire, or companies controlled by them, and are within the
territories, colonies, possessions and protectorates of such Powers
(including territories ceded to them by the present Treaty) or are under
the control of those Powers.
The liquidation
shall be carried out in accordance with the laws of the Allied or
Associated State concerned, and the owner shall not be able to dispose
of such property, rights or interests nor to subject them to any charge
without the consent of that State.
Persons who
within six months of the coming into force of the present Treaty show
that they have acquired ipso facto in accordance with its
provisions the nationality of an Allied or Associated Power, including
those who under Articles 72 or 76 obtain such nationality with the
consent of the competent authorities, or who under Articles 74 or 77
acquire such nationality in virtue of previous rights of citizenship (pertinenza)
will not be considered as nationals of the former Austrian Empire 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 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 and their nationals on the one hand and
nationals of the former Austrian Empire on the other hand, as also
between Austria on the one hand and the Allied and Associated Powers and
their 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 the territory of the former Austrian
Empire, 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 Austria, and may be charged upon the property of nationals in the
former Austrian Empire, or companies controlled by them, as defined in
paragraph (b), 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 Austria.
(f) Whenever a
national of an Allied or Associated Power is entitled to property which
has been subjected to a measure of transfer in the territory of the
former Austrian Empire and expresses a desire for its restitution, his
claim for compensation in accordance with paragraph (e) shall be
satisfied by the restitution of the said property if it still exists in
specie.
In such case
Austria 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, other than proceeds of sales of property or cash
assets in Allied or Associated countries belonging to persons covered by
the last sentence of paragraph (b) above, 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 Austria resulting therefrom
shall be dealt with as provided in Article 189, Part VIII (Reparation),
of the present Treaty.
(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 Austria 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 nationals of the former Austrian Empire, or companies controlled by
them, as defined in paragraph (b), 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
such 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 189, Part VIII (Reparation), of the
present Treaty.
(i) Subject to
the provisions of Article 267, 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 Austria, the proceeds of liquidations
effected by such States shall, subject to the rights of the Reparation
Commission under the present Treaty, particularly under Articles 181,
Part VIII (Reparation), and 211, Part IX (Financial Clauses), 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.
(j) Austria
undertakes to compensate her nationals in respect of the sale or
retention of their property, rights or interests in Allied or Associated
States.
(k) The amount
of all taxes or imposts on capital levied or to be levied by Austria on
the property, rights and interests of the nationals of the Allied or
Associated Powers from 3 November 1918 until three months from the
coming into force of the present Treaty, or, in the case of property,
rights or interests which have been subjected to exceptional measures of
war, until restitution in accordance with the present Treaty, shall be
restored to the owners.
Article 250
Austria
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 249, 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 nationals of the former
Austrian Empire 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 Austrian nationals, and to pay adequate compensation in
the event of the application of these measures.
ANNEX [to Part X, Section IV]
1. In accordance
with the provisions of Article 249, paragraph (d), the validity of
vesting orders and of orders for winding up of business 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 specially 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, decision 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 abovementioned measures as
have been taken by the former Austro-Hungarian Government in invaded or
occupied territory, nor to such of the abovementioned measures as have
been taken by Austria or the Austrian authorities since 3 November 1918,
all of which measures 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
Austria or by any Austrian national or by or on behalf of any national
of the former Austrian Empire 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, law or
regulations of any Allied or Associated Power.
3. In Article
249 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 nationals of the former Austrian Empire 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
territory of the former Austrian Empire, or debts owing to them by
Austrian nationals, and with payment of claims growing out of acts
committed by the former Austro-Hungarian Government or by any Austrian
authorities since 28 July 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 M. 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 249, 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 Austria 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 trademarks in
third countries to the exclusion of the Austrian company, and these
unique means of reproduction shall be handed over to the former company,
notwithstanding any action taken under war legislation in force in the
Austro-Hungarian Monarchy with regard to the latter company or its
business, industrial property or shares. Nevertheless, the former
company, if requested, shall deliver to the latter company derivative
copies permitting the continuation of reproduction of articles for use
within Austrian territory.
6. Up to the
time when restitution is carried out in accordance with Article 249,
Austria 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 249,
paragraph (f).
8. The
restitution provided in Article 249 will be carried out by order of the
Austrian 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 Austrian 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 249, paragraph
(b), the property, rights and interests of the persons referred to in
that paragraph will continue to be subject to exceptional war measures
that have been or will be taken with regard to them.
10. Austria
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.
Austria 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 Austrian nationals within the territory of such Allied or
Associated Power, or with regard to any transactions concerning such
property, rights or interests effected since 1 July 1914.
11. The
expression "cash assets" includes all deposits or funds established
before or after the existence of a state 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, Austria will deliver to the Allied and Associated Powers all
accounts, vouchers, records, documents and information of any kind which
may be within Austrian 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 the
territory of the former Austrian Empire or in territory occupied by that
Empire or its allies.
The controllers,
supervisors, managers, administrators, sequestrators, liquidators and
receivers shall be personally responsible under guarantee of the
Austrian Government for the immediate delivery in full of these accounts
and documents, and for their accuracy.
14. The
provisions of Article 249 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 249 between Austria and
the Allied or Associated Powers, 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 Austria that one or more of the said
provisions are not to be applied.
15. The
provisions of Article 249 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 249, paragraph (b).
SECTION V
CONTRACTS,
PRESCRIPTIONS, JUDGMENTS
Article 251
(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 Government of the Allied or Associated Power 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 252, nor the Annex hereto shall apply to contracts made
between nationals of these States and nationals of the former Austrian
Empire; nor shall Article 257 apply to the United States of America or
its nationals.
(d) The present
Article and the Annex hereto shall not apply to contracts the parties to
which became enemies by reason of one of them being an inhabitant of
territory of which the sovereignty has been transferred, if such party
shall acquire, under the present Treaty, the nationality of an Allied or
Associated Power, nor shall they apply to contracts between nationals of
the Allied and Associated Powers between whom trading has been
prohibited by reason of one of the parties being in Allied or Associated
territory in the occupation of the enemy.
(e) Nothing in
the present Article or the Annex hereto shall be deemed to invalidate a
transaction lawfully carried out in accordance with a contract between
enemies if it has been carried out with the authority of one of the
belligerent Powers.
Article 252
(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 the territory
of the former Austrian Empire 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
Austrian 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 the authorities of the
former Austrian Government in invaded or occupied territory, if they
have not been otherwise compensated.
(f) Austria
shall compensate any third party who may be prejudiced by any
restitution or restoration ordered by the Mixed Arbitral Tribunal under
the provisions of the preceding paragraphs of this Article.
(g) As regards
negotiable instruments, the period of three months provided under
paragraph (a) shall commence as from the date on which any exceptional
regulations applied in the territories of the interested Power with
regard to negotiable instruments shall have definitely ceased to have
force.
Article 253
As between
enemies no negotiable instrument made before the war shall be deemed to
have become invalid by reason only of failure within the required time
to present the instrument for acceptance or payment or to give notice of
non-acceptance or non-payment to drawers or indorsers or to protest the
instrument, nor by reason of failure to complete any formality during
the war.
Where the period
within which a negotiable instrument should have been presented for
acceptance or for payment, or within which notice of non-acceptance or
non-payment should have been given to the drawer or indorser, 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 non-payment or protest may be
made.
Article 254
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
Austria as final, and shall be enforced without it being necessary to
have them declared executory.
If a judgment or
measure of execution in respect of any dispute which may have arisen has
been given during the war by a judicial authority of the former Austrian
Empire against a national of an Allied or Associated Power, or a company
or association in which one of such nationals was interested, in a case
in which either such national or such company or association was not
able to make their 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
Austrian Court.
The above
compensation may likewise be obtained before the Mixed Arbitral Tribunal
by the nationals of Allied or Associated Powers who have suffered
prejudice by judicial measures taken in invaded or occupied territories,
if they have not been otherwise compensated.
Article 255
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 the former Austro-Hungarian
Monarchy and the coming into force of the present Treaty.
ANNEX [to Part X, Section V]
I. General provisions
1. Within the
meaning of Articles 251, 252 and 253, 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 251, and,
without prejudice to the rights contained in Article 249(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 251, the
remaining provisions of that contract shall, subject to the same
application of domestic laws as is provided for in paragraph 2, continue
in force if they are severable, but where they are not severable the
contract shall be deemed to have been dissolved in its entirety.
II. Provisions relating to certain classes of
contracts
Stock exchange and commercial exchange contracts
4. (a) Rules
made during the war by any recognised Exchange or Commercial Association
providing for the closure of contracts entered into before the war by an
enemy are confirmed by the High Contracting Parties, as also any action
taken thereunder, provided:
(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 31
July 1914 under the decision of the Liverpool Cotton Association, is
also confirmed.
Security
5. The sale of a
security held for an unpaid debt owing by an enemy shall be deemed to
have been valid irrespective of notice to the owner if the creditor
acted in good faith and with reasonable care and prudence, and no claim
by the debtor on the ground of such sale shall be admitted.
This stipulation
shall not apply to any sale of securities effected by an enemy during
the occupation in regions invaded or occupied by the enemy.
Negotiable instruments
6. As regards
Powers which adopt Section III and the Annex thereto the pecuniary
obligations existing between enemies and resulting from the issue of
negotiable instruments shall be adjusted in conformity with the said
Annex by the instrumentality of the Clearing Offices, which shall assume
the rights of the holder as regards the various remedies open to him.
7. If a person
has either before or during the war become liable upon a negotiable
instrument in accordance with an undertaking given to him by a person
who has subsequently become an enemy, the latter shall remain liable to
indemnify the former in respect of his liability notwithstanding the
outbreak of war.
III. Contracts of insurance
8. Contracts of
insurance entered into by any person with another person who
subsequently became an enemy will be dealt with in accordance with the
following paragraphs.
Fire insurance
9. Contracts for
the insurance of property against fire entered into by a person
interested in such property with another person who subsequently became
an enemy shall not be deemed to have been dissolved by the outbreak of
war, or by the fact of the person becoming an enemy, or on account of
the failure during the war and for a period of three months thereafter
to perform his obligations under the contract, but they shall be
dissolved at the date when the annual premium becomes payable for the
first time after the expiration of a period of three months after the
coming into force of the present Treaty.
A settlement
shall be effected of unpaid premiums which became due during the war or
of claims for losses which occurred during the war.
10. Where by
administrative or legislative action an insurance against fire effected
before the war has been transferred during the war from the original to
another insurer, the transfer will be 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 5 percent per annum from the date
of its becoming due up to the day of payment.
Where the
contract has lapsed during the war owing to non-payment of premiums, or
has become void from breach of the conditions of the contract, the
assured or his representatives or the persons entitled shall have the
right at any time within twelve months of the coming into force of the
present Treaty to claim from the insurer the surrender value of the
policy at the date of its lapse or avoidance.
Where the
contract has lapsed during the war owing to non-payment of premiums the
payment of which has been prevented by the enforcement of measures of
war, the assured or his representative or the persons entitled shall
have the right to restore the contract on payment of the premiums with
interest at 5 percent per annum within three months from the coming into
force of the present Treaty
12. 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.
13. In any case
where by the law applicable to the contract the insurer remains bound by
the contract notwithstanding the non-payment of premiums until notice is
given to the insured of the termination of the contract, he shall be
entitled, where the giving of such notice was prevented by the war, to
recover the unpaid premiums with interest at 5 percent per annum from
the insured.
14. Insurance
contracts shall be considered as contracts of life assurance for the
purpose of paragraphs 11 to 13 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
15. 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.
16. 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.
17. 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
18. Contracts of
insurance entered into before the war between an insurer and a person
who subsequently became an enemy, other than contracts dealt with in
paragraphs 9 to 17, 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.
Reinsurance
19. All treaties
of reinsurance 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 reinsured to find
another reinsurer, the treaty shall remain in force until three months
after the coming into force of the present Treaty.
Where a
reinsurance 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 17 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.
20. The
provisions of the preceding paragraph will extend equally to
reinsurances, 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.
21. Reinsurance
of life risks effected by particular contracts and not under any general
treaty remain in force.
22. In case of a
reinsurance effected before the war of a contract of marine insurance,
the cession of a risk which had been ceded to the reinsurer 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 reinsurance in respect either of premiums or of
losses shall be recoverable after the war.
23. The
provisions of paragraphs 16 and 17 and the last part of paragraph 15
shall apply to contracts for the reinsurance of marine risks.
SECTION VI
MIXED ARBITRAL
TRIBUNAL
Article 256
(a) Within three
months from 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 Austria 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 in case there
is a vacancy a Government does not proceed within a period of one month
to appoint as provided above 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 Austrian nationals shall be decided
by the Mixed Arbitral Tribunal, always excepting questions which, under
the laws of the Allied, Associated or Neutral Powers, are within the
jurisdiction of the National Courts of those Powers. Such questions
shall be decided by the National Courts in question, to the exclusion of
the Mixed Arbitral Tribunal. The party who is a national of an Allied or
Associated Power may nevertheless bring the case before the Mixed
Arbitral Tribunal if this is not prohibited by the laws of his country.
(c) If the
number of cases justifies it, additional members shall be appointed and
each Mixed Arbitral Tribunal shall sit in divisions. Each of these
divisions will be constituted as above.
(d) Each Mixed
Arbitral Tribunal will settle its own procedure except in so far as it
is provided in the following Annex, and is empowered to award the sums
to be paid by the loser in respect of the costs and expenses of the
proceedings.
(e) Each
Government will pay the remuneration of the member of the Mixed Arbitral
Tribunal appointed by it and of any agent whom it may appoint to
represent it before the Tribunal. The remuneration of the President will
be determined by special agreement between the Governments concerned;
and this remuneration and the joint expenses of each Tribunal will be
paid by the two Governments in equal moieties.
(f) The High
Contracting Parties agree that their courts and authorities shall render
to the Mixed Arbitral Tribunals direct all the assistance in their
power, particularly as regards transmitting notices and collecting
evidence.
(g) The High
Contracting Parties agree to regard the decisions of the Mixed Arbitral
Tribunal as final and conclusive, and to render them binding upon their
nationals.
ANNEX [to Part X, Article 256]
1. Should one of
the members of the Tribunal either die, retire or be unable for any
reason whatever to discharge his functions, the same procedure will be
followed for filling the vacancy as was followed for appointing him.
2. The Tribunal
may adopt such rules of procedure as shall be in accordance with justice
and equity and decide the order and time at which each party must
conclude its arguments, and may arrange all formalities required for
dealing with the evidence.
3. The agent and
counsel of the parties on each side are 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. The High
Contracting Parties agree 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 Tribual shall be determined by the
President of the Tribunal.
Article 257
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 court of
the former Austrian Empire.
SECTION VII
INDUSTRIAL
PROPERTY
Article 258
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 Articles 237 and 239,
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 nationals of the former
Austrian Empire 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 Austria or Austrian nationals or by or on
behalf of nationals of the former Austrian Empire 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 respect of the property of persons referred to in
Article 249(b) and in virtue of any act or operation resulting from the
execution of the special measures mentioned in the second paragraph of
this Article shall be dealt with in the same way as other sums due to
such persons are directed to be dealt with by the present Treaty; and
sums produced by any special measures taken by the Government of the
former Austrian Empire 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 Austrian 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 trademarks)
acquired before or during the war, or which may be subsequently acquired
in accordance with its legislation, by Austrian 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 Austria of the rights of industrial, literary and
artistic property held in Austrian territory by its nationals, or for
securing the due fulfilment of all obligations undertaken by Austria 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 Austrian 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 28 July 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
249, paragraph (b).
Article 259
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 28 July 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 Austrian 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
28 July 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 trademark or design used, and it is further agreed that no patent,
registered trade mark or design in force on 28 July 1914 shall be
subject to revocation or cancellation by reason only of the failure to
work such patent or use such trade mark or design for two years after
the coming into force of the present Treaty.
Article 260
The rights of
priority provided by Article 4 of the International Convention for the
Protection of Industrial Property of Paris of 20 March 1883, revised at
Washington in 1911, or by any other Convention or Statute, for the
filing or registration of applications for patents or models of utility,
and for the registration of trademarks, designs and models which had not
expired on 28 July 1914, and those which have arisen during the war, or
would have arisen but for the war, shall be extended by each of the High
Contracting Parties in favour of all nationals of the other High
Contracting Parties for a period of six months after the coming into
force of the present Treaty.
Nevertheless,
such extension shall in no way affect the right of any of the High
Contracting Parties or of any person who before the coming into force of
the present Treaty was bona fide in possession of any rights of
industrial property conflicting with rights applied for by another who
claims rights of priority in respect of them, to exercise such rights by
itself or himself personally, or by such agents or licensees as derived
their rights from it or him before the coming into force of the present
Treaty; and such persons shall not be amenable to any action or other
process of law in respect of infringement.
Article 261
No action shall
be brought and no claim made by nationals of the former Austrian Empire,
or by persons residing or carrying on business within the territory of
that Empire, on the one part, and on the other part by persons residing
or carrying on business in the territory of the Allied or Associated
Powers, 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 existence of a state 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 259 and 260.
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 Austria on the other, of products
or articles manufactured, or of literary or artistic works published,
during the period between the existence of a state 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 the Austro-Hungarian armies during the war.
This Article
shall not apply as between the United States of America on the one hand
and Austria on the other.
Article 262
Licences 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 nationals of the former Austrian Empire, on the other part,
shall be considered as cancelled as from the date of the existence of a
state of war between the former Austro-Hungarian Monarchy 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 licence, 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 licences held in respect
of rights acquired under the law of the former Austrian Empire. 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 licence 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 licence entered into before
the war, but shall remain valid and of full effect, and a licence so
granted to the former beneficiary of a licence entered into before the
war shall be considered as substituted for such licence.
Where sums have
been paid during the war in respect of the rights of persons referred to
in Article 249(b) by virtue of a licence 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 such persons as provided by the present Treaty.
This Article
shall not apply as between the United States of America on the one hand
and Austria on the other.
SECTION VIII
SPECIAL
PROVISIONS RELATING TO TRANSFERRED TERRITORY
Article 263
Of the
individuals and juridical persons previously nationals of the former
Austrian Empire, including Bosnia-Herzegovinians, those who acquire
ipso facto under the present Treaty the nationality of an Allied or
Associated Power are designated in the provisions which follow by the
expression "nationals of the former Austrian Empire"; the remainder are
designated by the expression "Austrian nationals".
Article 264
The inhabitants
of territories transferred by virtue of the present Treaty shall,
notwithstanding this transfer and the change of nationality consequent
thereon, continue to enjoy in Austria all the rights in industrial,
literary and artistic property to which they are entitled under the
legislation in force at the time of the transfer.
Article 265
The questions
concerning the nationals of the former Austrian Empire, as well as
Austrian nationals, their rights, privileges and property, which are not
dealt with in the present Treaty, or in the Treaty prepared for the
purpose of regulating certain immediate relations between the States to
which territory of the former Austro-Hungarian Monarchy has been
transferred, or arising from the dismemberment of that Monarchy, shall
form the subject of special conventions between the States concerned,
including Austria; such conventions shall not in any way conflict with
the provisions of the present Treaty.
For this purpose
it is agreed that three months from the coming into force of the present
Treaty a conference of delegates of the States in question shall take
place.
Article 266
The Austrian
Government shall without delay restore to nationals of the former
Austrian Empire their property, rights and interests situated in
Austrian territory.
The amount of
taxes and imposts on capital which have been levied or increased on the
property, rights and interests of nationals of the former Austrian
Empire since 3 November 1918, or which shall be levied or increased
until restitution in accordance with the provisions of the present
Treaty, or, in the case of property, rights and interests which have not
been subjected to exceptional measures of war, until three months from
the coming into force of the present Treaty, shall be returned to the
owners.
The property,
rights and interests restored shall not be subject to any tax levied in
respect of any other property or any other business owned by the same
person after such property had been removed from Austria, or such
business had ceased to be carried on therein.
If taxes of any
kind have been paid in anticipation in respect of property, rights and
interests removed from Austria, the proportion of such taxes paid for
any period subsequent to the removal of the property, rights and
interests in question shall be returned to the owners.
Cash assets
shall be paid in the currency and at the rate of exchange provided for
the case of debts under Articles 248(d) and 271.
Legacies,
donations and funds given or established in the former Austro-Hungarian
Monarchy for the benefit of nationals of the former Austrian Empire
shall be placed by Austria, so far as the funds in question are in her
territory, at the disposition of the Allied or Associated Power of which
the persons in question are now nationals, in the condition in which
these funds were on 28 July 1914, taking account of payments properly
made for the purpose of the Trust.
Article 267
Notwithstanding
the provisions of Article 249 and the Annex to Section IV the property,
rights and interests of Austrian nationals or companies controlled by
them situated in the territories which formed part of the former
Austro-Hungarian Monarchy shall not be subject to retention or
liquidation in accordance with these provisions.
Such property,
rights and interests shall be restored to their owners freed from any
measure of this kind, or from any other measure of transfer, compulsory
administration or sequestration, taken since 3 November 1918 until the
coming into force of the present Treaty, in the condition in which they
were before the application of the measures in question.
The property,
rights and interests here referred to do not include property which is
the subject of Article 208, Part IX (Financial Clauses).
Nothing in this
Article shall affect the provisions laid down in Part VIII (Reparation),
Section I, Annex III, as to property of Austrian nationals in ships and
boats.
Article 268
All contracts
for the sale of goods for delivery by sea concluded before 1 January
1917 between nationals of the former Austrian Empire on the one part and
the administrations of the former Austro-Hungarian Monarchy, Austria or
Bosnia-Herzegovina, or Austrian nationals on the other part shall be
annulled, except in respect of any debt or other pecuniary obligation
arising out of any act done or money paid thereunder. All other
contracts between such parties which were made before 1 November 1918
and were in force at that date shall be maintained.
Article 269
With regard to
prescriptions, limitations and forfeitures in the transferred
territories, the provisions of Articles 252 and 253 shall be applied
with substitution for the expression "outbreak of war" of the expression
"date, which shall be fixed by administrative decision of each Allied or
Associated Power, at which relations between the parties became
impossible in fact or in law", and for the expression "duration of the
war" of the expression "period between the date above indicated and that
of the coming into force of the present Treaty".
Article 270
Austria
undertakes not to impede in any way the transfer of property, rights or
interests belonging to a company incorporated in accordance with the
laws of the former Austro-Hungarian Monarchy, in which Allied or
Associated nationals are interested, to a company incorporated in
accordance with the laws of any other Power, to facilitate all measures
necessary for giving effect to such transfer, and to render any
assistance which may be required for effecting the restoration to Allied
or Associated nationals, or to companies in which they are interested,
of their property, rights or interests whether in Austria or in
transferred territory.
Article 271
Section III,
except Article 248(d), shall not apply to debts contracted between
Austrian nationals and nationals of the former Austrian Empire.
Subject to the
special provisions laid down in Article 248(d) for the case of the new
States, these debts shall be paid in the legal currency at the time of
payment of the State of which the national of the former Austrian Empire
has become a national, and the rate of exchange applicable shall be the
average rate quoted on the Geneva Exchange during the two months
preceding 1 November 1918.
Article 272
Insurance
companies whose principal place of business was in territory which
previously formed part of the former Austro-Hungarian Monarchy shall
have the right to carry on their business in Austrian territory for a
period of ten years from the coming into force of the present Treaty,
without the rights which they previously enjoyed being affected in any
way by the change of nationality.
During the above
period the operations of such companies shall not be subjected by
Austria to any higher tax or charge than shall be imposed on the
operations of national companies. No measure in derogation of their
rights of property shall be imposed upon them which is not equally
applied to the property, rights or interests of Austrian insurance
companies; adequate compensation shall be paid in the event of the
application of any such measures.
These provisions
shall only apply so long as Austrian insurance companies previously
carrying on business in the transferred territories, even if their
principal place of business was outside such territories, are
reciprocally accorded a similar right to carry on their business
therein.
After the period
of ten years above referred to, the provisions of Article 228 of' the
present Treaty shall apply in regard to the Allied and Associated
companies in question.
Article 273
Special
agreements will determine the division of the property of associations
or public corporations carrying on their functions in territory which is
divided in consequence of the present Treaty.
Article 274
States to which
territory of the former Austro-Hungarian Monarchy is transferred, and
States arising from the dismemberment of that Monarchy, shall recognise
and give effect to rights of industrial, literary and artistic property
in force in the territory at the time when it passes to the State in
question, or re-established or restored in accordance with the
provisions of Article 258 of the present Treaty. These rights shall
remain in force in that territory for the same period as that for which
they would have remained in force under the law of the former
Austro-Hungarian Monarchy.
A special
convention shall determine all questions relative to the records,
registers and copies in connection with the protection of industrial,
literary or artistic property, and fix their eventual transmission or
communication by the Offices of the former Austro-Hungarian Monarchy to
the Offices of the States to which are transferred territory of the said
Monarchy and to the Offices of new States.
Article 275
Without
prejudice to other provisions of the present Treaty, the Austrian
Government undertakes so far as it is concerned to hand over to any
Power to which territory of the former Austro-Hungarian Monarchy is
transferred, or which arises from the dismemberment of that Monarchy,
such portion of the reserves accumulated by the Governments or the
administrations of the former Austro-Hungarian Monarchy, 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 handed over must apply them to the performance of
the obligations arising from such insurances.
The conditions
of the delivery will be determined by special conventions to be
concluded between the Austrian 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 he appointed by the
Austrian 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 Austria and the other Governments
concerned.
top
PART XI
AERIAL
NAVIGATION
Article 276
The aircraft of
the Allied and Associated Powers shall have full liberty of passage and
landing over and in the territory of Austria and shall enjoy the same
privileges as Austrian aircraft, particularly in case of distress.
Article 277
The aircraft of
the Allied and Associated Powers shall, while in transit to any foreign
country whatever, enjoy the right of flying over the territory of
Austria without landing, subject always to any regulations which may be
made by Austria, and which shall be applicable equally to the aircraft
of Austria and to those of the Allied and Associated countries.
Article 278
All aerodromes
in Austria open to national public traffic shall be open for the
aircraft of the Allied and Associated Powers, and in any such aerodrome
such aircraft shall be treated on a footing of equality with Austrian
aircraft as regards charges of every description, including charges for
landing and accommodation.
Article 279
Subject to the
present provisions, the rights of passage, transit and landing provided
for in Articles 276, 277 and 278 are subject to the observance of such
regulations as Austria may consider it necessary to enact, but such
regulations shall be applied without distinction to Austrian aircraft
and to those of the Allied and Associated countries.
Article 280
Certificates of
nationality, airworthiness or competency and licences issued or
recognised as valid by any of the Allied or Associated Powers, shall be
recognised in Austria as valid and as equivalent to the certificates and
licences issued by Austria.
Article 281
As regards
internal commercial air traffic, the aircraft of the Allied and
Associated Powers shall enjoy in Austria most-favoured nation treatment.
Article 282
Austria
undertakes to enforce the necessary measures to ensure that all Austrian
aircraft flying over her territory shall comply with the Rules as to
lights and signals, Rules of the Air and Rules for Air Traffic on and in
the neighbourhood of aerodromes, which have been laid down in the
Convention relative to Aerial Navigation concluded between the Allied
and Associated Powers.
Article 283
The obligations
imposed by the preceding provisions shall remain in force until 1
January 1923, unless before that date Austria shall have been admitted
into the League of Nations or shall have been authorised by consent of
the Allied and Associated Powers to adhere to the Convention relative to
Aerial Navigation concluded between those Powers.
top
PART XII
PORTS, WATERWAYS
AND RAILWAYS
SECTION I
GENERAL
PROVISIONS
Article 284
Austria
undertakes to grant freedom of transit through her territories on the
routes most convenient for international transit, either by rail,
navigable waterway or canal, to persons, goods, vessels, carriages,
wagons and mails coming from or going to the territories of any of the
Allied and Associated Powers, whether contiguous or not.
Such persons,
goods, vessels, carriages, wagons and mails shall not be subjected to
any transit duty or to any undue delays or restriction, and shall be
entitled in Austria to national treatment as regards charges, facilities
and all other matters.
Goods in transit
shall be exempt from all customs or other similar duties.
All charges
imposed on transport in transit shall be reasonable, having regard to
the conditions of the traffic. No charge, facility or restriction shall
depend directly or indirectly on the ownership or on the nationality of
the ship or other means of transport on which any part of the through
journey has been, or is to be accomplished.
Article 285
Austria
undertakes neither to impose nor to maintain any control over
trans-migration traffic through her territories beyond measures
necessary to ensure that passengers are bona fide in transit; nor
to allow any shipping company or any other private body, corporation or
person interested in the traffic to take any part whatever in, or to
exercise any direct or indirect influence over any administrative
service that may be necessary for this purpose.
Article 286
Austria
undertakes to make no discrimination or preference, direct or indirect,
in the duties, charges and prohibitions relating to importations into or
exportations from her territories, or, subject to the special
engagements contained in the present Treaty, in the charges and
conditions of transport of goods or persons entering or leaving her
territories based on the frontier crossed; or on the kind, ownership or
flag of the means of transport (including aircraft) employed; or on the
original or immediate place of departure of the vessel, wagon or
aircraft or other means of transport employed, or its ultimate or
intermediate destination; or on the route of or places of transhipment
on the journey; or on whether the goods are imported or exported
directly through an Austrian port or indirectly through a foreign port;
or on whether the goods are imported or exported by land or by air.
Austria
particularly undertakes not to establish against the ports and vessels
of any of the Allied and Associated Powers any surtax or any direct or
indirect bounty for export or import by Austrian ports or ships, or by
those of another Power, for example, by means of combined tariffs. She
further undertakes that persons or goods passing through a port or using
a vessel of any of the Allied and Associated Powers shall not be
subjected to any formality or delay whatever to which such persons or
goods would not be subjected if they passed through an Austrian port or
a port of any other Power, or used an Austrian vessel or a vessel of any
other Power.
Article 287
All necessary
administrative and technical measures shall be taken to expedite, as
much as possible, the transmission of goods across the Austrian
frontiers and to ensure their forwarding and transport from such
frontiers, irrespective of whether such goods are coming from or going
to the territories of the Allied and Associated Powers or are in transit
from or to those territories, under the same material conditions in such
matters as rapidity of carriage and care en route as are enjoyed
by other goods of the same kind carried on Austrian territory under
similar conditions of transport.
In particular,
the transport of perishable goods shall be promptly and regularly
carried out, and the customs formalities shall be effected in such a way
as to allow the goods to be carried straight through by trains which
make connection.
Article 288
The seaports of
the Allied and Associated Powers are entitled to all favours and to all
reduced tariffs granted on Austrian railways or navigable waterways for
the benefit of any port of another Power.
Article 289
Austria may not
refuse to participate in the tariffs or combinations of tariffs intended
to secure for ports of any of the Allied and Associated Powers
advantages similar to those granted by Austria to the ports of any other
Power.
SECTION II
NAVIGATION
Chapter 1
Freedom of
navigation
Article 290
The nationals of
any of the Allied and Associated Powers as well as their vessels and
property shall enjoy in all Austrian ports and on the inland navigation
routes of Austria the same treatment in all respects as Austrian
nationals, vessels and property.
In particular
the vessels of any one of the Allied or Associated Powers shall be
entitled to transport goods of any description, and passengers, to or
from any ports or places in Austrian territory to which Austrian vessels
may have access, under conditions which shall not be more onerous than
those applied in the case of national vessels; they shall be treated on
a footing of equality with national vessels as regards port and harbour
facilities and charges of every description, including facilities for
stationing, loading and unloading, and duties and charges of tonnage,
harbour, pilotage, lighthouse, quarantine, and all analogous duties and
charges of whatsoever nature, levied in the name of or for the profit of
the Government, public functionaries, private individuals, corporations
or establishments of any kind.
In the event of
Austria granting a preferential regime to any of the Allied or
Associated Powers or to any other foreign Power, this regime shall be
extended immediately and unconditionally to all the Allied and
Associated Powers.
There shall be
no impediment to the movement of persons or vessels other than those
arising from prescriptions concerning customs, police, sanitation,
emigration and immigration, and those relating to the import and export
of prohibited goods. Such regulations must be reasonable and uniform and
must not impede traffic unnecessarily.
Chapter 2
Clauses relating
to the Danube
1. General
clauses relating to river systems declared international
Article 291
The following
river is declared international: the Danube from Ulm; together with all
navigable parts of this river system which naturally provide more than
one State with access to the sea, with or without transhipment from one
vessel to another, as well as the portion of the course of the Morava
(March) and the Thaya (Theiss) forming the frontier between Czecho-Slovakia
and Austria, and lateral canals and channels constructed either to
duplicate or to improve naturally navigable sections of the specified
river system or to connect two naturally navigable sections of the same
river.
The same shall
apply to the Rhine-Danube navigable waterway, should such a waterway be
constructed, under the conditions laid down in Article 308.
Any part of the
abovementioned river system which is not included in the general
definition may be declared international by an agreement between the
riparian States.
Article 292
On the waterways
declared to be international in the preceding Article, the nationals,
property and flags of all Powers shall be treated on a footing of
perfect equality, no distinction being made, to the detriment of the
nationals, property or flag of any Power, between them and the
nationals, property or flag of the riparian State itself or of the most-favoured
nation.
Article 293
Austrian vessels
shall not be entitled to carry passengers or goods by regular services
between the ports of any Allied or Associated Power, without special
authority from such Power.
Article 294
Where such
charges are not precluded by any existing convention, charge varying on
different sections of a river may be levied on vessels using the
navigable channels or their approaches, provided that they are intended
solely to cover equitably the cost of maintaining in a navigable
condition, or of improving, the river and its approaches, or to meet
expenditure incurred in the interests of navigation. The schedule of
such charges shall be calculated on the basis of such expenditure and
shall be posted up in the ports. These charges shall be levied in such a
manner as to render any detailed examination of cargoes unnecessary,
except in cases of suspected fraud or contravention.
Article 295
The transit of
vessels, passengers and goods on these waterways shall be effected in
accordance with the general conditions prescribed for transit in Section
I above
When the two
banks of an international river are within the same State, goods in
transit may be placed under seal or in the custody of customs agents.
When the river forms a frontier, goods and passengers in transit shall
be exempt from all customs formalities; the loading and unloading of
goods, and the embarkation and disembarkation of passengers, shall only
take place in the ports specified by the riparian State.
Article 296
No dues of any
kind other than those provided for in this Part shall be levied along
the course or at the mouth of these waterways.
This provision
shall not prevent the fixing by the riparian States of customs, local
octroi or consumption duties, or the creation of reasonable and uniform
charges levied in the ports, in accordance with public tariffs, for the
use of cranes, elevators, quays, warehouses and other similar
constructions.
Article 297
In default of
any special organisation for carrying out the works connected with the
upkeep and improvement of the international portion of a navigable
system, each riparian State shall be bound to take the necessary
measures to remove any obstacle or danger to navigation and to ensure
the maintenance of good conditions of navigation.
If a State
neglects to comply with this obligation, any riparian State, or any
State represented on the International Commission, may appeal to the
tribunal instituted for this purpose by the League of Nations.
Article 298
The same
procedure shall be followed in the case of a riparian State undertaking
any works of a nature to impede navigation in the international section.
The tribunal mentioned in the preceding Article shall be entitled to
enforce the suspension or suppression of such works, making due
allowance in its decisions for all rights in connection with irrigation,
water-power, fisheries and other national interests, which, with the
consent of all the riparian States or of all the States represented on
the International Commission, shall be given priority over the
requirements of navigation.
Appeal to the
Tribunal of the League of Nations does not require the suspension of the
works.
Article 299
The regime set
out in Articles 292 and 294 to 298 above shall be superseded by one to
be laid down in a General Convention drawn up by the Allied and
Associated Powers, and approved by the League of Nations, relating to
the waterways recognised in such Convention as having an international
character. This Convention shall apply in particular to the whole or
part of the abovementioned river system of the Danube, and such other
parts of that river system as may be covered by a general definition.
Austria
undertakes, in accordance with the provisions of Article 331, to adhere
to the said General Convention.
Article 300
Austria shall
cede to the Allied and Associated Powers concerned, within a maximum
period of three months from the date on which notification shall be
given her, a proportion of the tugs and vessels remaining registered in
the ports of the river system referred to in Article 291 after the
deduction of those surrendered by way of restitution or reparation.
Austria shall in the same way cede material of all kinds necessary to
the Allied and Associated Powers concerned for the utilisation of that
river system.
The number of
tugs and boats, and the amount of the material so ceded, and their
distribution, shall be determined by an arbitrator or arbitrators
nominated by the United States of America, due regard being had to the
legitimate needs of the parties concerned, and particularly to the
shipping traffic during the five years preceding the war.
All craft so
ceded shall be provided with their fittings and gear, shall be in a good
state of repair and in condition to carry goods, and shall be selected
from among those most recently built.
Wherever the
cessions made under the present Article involve a change of ownership,
the arbitrator or arbitrators shall determine the rights of the former
owners as they stood on 15 October 1918, and the amount of the
compensation to be paid to them, and shall also direct the manner in
which such payment is to be effected in each case. If the arbitrator or
arbitrators find that the whole or part of this sum will revert directly
or indirectly to States from whom reparation is due, they shall decide
the sum to be placed under this head to the credit of the said States.
As regards the
Danube, the arbitrator or arbitrators referred to in this Article will
also decide all questions as to the permanent allocation and the
conditions thereof of the vessels whose ownership or nationality is in
dispute between States.
Pending final
allocation, the control of these vessels shall be vested in a Commission
consisting of representatives of the United States of America, the
British Empire, France and Italy, who will be empowered to make
provisional arrangements for the working of these vessels in the general
interest by any local organisation, or, failing such arrangements, by
themselves, without prejudice to the final allocation.
As far as
possible these provisional arrangements will be on a commercial basis,
the net receipts by the Commission for the hire of these vessels being
disposed of as directed by the Reparation Commission.
2. Special
clauses relating to the Danube
Article 301
The European
Commission of the Danube reassumes the powers it possessed before the
war. Nevertheless, as a provisional measure, only representatives of
Great Britain, France, Italy and Roumania shall constitute this
Commission.
Article 302
From the point
where the competence of the European Commission ceases, the Danube
system referred to in Article 291 shall be placed under the
administration of an International Commission composed as follows:
2
representatives of German riparian States;
1 representative
of each other riparian State;
1 representative
of each non-riparian State represented in the future on the European
Commission of the Danube.
If certain of
these representatives cannot be appointed at the time of the coming into
force of the present Treaty, the decisions of the Commission shall
nevertheless be valid.
Article 303
The
International Commission provided for in the preceding Article shall
meet as soon as possible after the coming into force of the present
Treaty, and shall undertake provisionally the administration of the
river in conformity with the provisions of Articles 292 and 294 to 298,
until such time as a definitive statute regarding the Danube is
concluded by the Powers nominated by the Allied and Associated Powers.
The decisions of
this International Commission shall be taken by a majority vote. The
salaries of the Commissioners shall be fixed and paid by their
respective countries.
As a provisional
measure any deficit in the administrative expense of this International
Commission shall be borne equally by the States represented on the
Commission.
In particular,
this Commission shall regulate the licensing of pilots, charges for
pilotage, and the administration of the pilot service.
Article 304
Austria agrees
to accept the regime which shall be laid down for the Danube by a
Conference of the Powers nominated by the Allied and Associated Powers,
which shall meet within one year after the coming into force of the
present Treaty, and at which Austrian representatives may be present.
Article 305
The mandate
given by Article 57 of the Treaty of Berlin of 13 July 1878 to
Austria-Hungary, and transferred by her to Hungary, to carry out works
at the Iron Gates, is abrogated. The Commission entrusted with the
administration of this part of the river shall lay down provisions for
the settlement of accounts subject to the financial provisions of the
present Treaty. Charges which may be necessary shall in no case be
levied by Hungary.
Article 306
Should the
Czecho-Slovak State, the Serb-Croat-Slovene State or Roumania, with the
authorisation of or under mandate from the International Commission,
undertake maintenance, improvement, weir, or other works on a part of
the river system which forms a frontier, these States shall enjoy on the
opposite bank, and also on the part of the bed which is outside their
territory, all necessary facilities for the survey, execution and
maintenance of such works.
Article 307
Austria shall be
obliged to make to the European Commission of the Danube all
restitutions, reparations and indemnities for damages inflicted on the
Commission during the war.
Article 308
Should a
deep-draught Rhine-Danube navigable waterway be constructed, Austria
hereby undertakes to accept the application to the said navigable
waterway of the same regime as that prescribed in Articles 292 and 294
to 299 of the present Treaty.
Chapter 3
Hydraulic system
Article 309
In default of
any provisions to the contrary, when as the result of the fixing of a
new frontier the hydraulic system (canalisation, inundations,
irrigation, drainage or similar matters) in a State is dependent on
works executed within the territory of another State, or when use is
made on the territory of a State, in virtue of pre-war usage, of water
or hydraulic power, the source of which is on the territory of another
State, an agreement shall be made between the States concerned to
safeguard the interests and rights acquired by each of them.
Failing an
agreement, the matter shall be regulated by an arbitrator appointed by
the Council of the League of Nations.
Article 310
Unless otherwise
provided, when use is made for municipal or domestic purposes in one
State of electricity or water, the source of which as the result of the
fixing of a new frontier is on the territory of another State, an
agreement shall be made between the States concerned to safeguard the
interests and rights acquired by each of them.
Pending an
agreement, central electric stations and waterworks shall be required to
continue the supply up to an amount corresponding to the undertakings
and contracts in force on 3 November 1918.
Failing an
agreement, the matter shall be regulated by an arbitrator appointed by
the Council of the League of Nations.
SECTION III
RAILWAYS
Chapter I
Freedom of
transit to the Adriatic for Austria
Article 311
Free access to
the Adriatic Sea is accorded to Austria, who with this object will enjoy
freedom of transit over the territories and in the ports severed from
the former Austro-Hungarian Monarchy.
Freedom of
transit is the freedom defined in Article 284 until such time as a
General Convention on the subject shall have been concluded between the
Allied and Associated Powers, whereupon the dispositions of the new
Convention shall be substituted therefor.
Special
conventions between the States or Administrations concerned will lay
down the conditions of the exercise of the right accorded above, and
will settle in particular the method of using the ports and the free
zones existing in them, the establishment of international (joint)
services and tariffs including through tickets and waybills, and the
maintenance of the Convention of Berne of 14 October 1890 and its
supplementary provisions until its replacement by a new Convention.
Freedom of
transit will extend to postal, telegraphic and telephonic services.
Chapter II
Clauses relating
to international transport
Article 312
Goods coming
from the territories of the Allied and Associated Powers, and going to
Austria, or in transit through Austria from or to the territories of the
Allied and Associated Powers, shall enjoy on the Austrian railways as
regards charges to be collected (rebates and drawbacks being taken into
account), facilities, and in all other matters, the most favourable
treatment applied to goods of the same kind carried on any Austrian
lines, either in internal traffic, or for export, import or in transit,
under similar conditions of transport, for example as regards length of
route. The same rule shall be applied, on the request of one or more of
the Allied and Associated Powers, to goods specially designated by such
Power or Powers coming from Austria and going to their territories.
International
tariffs established in accordance with the rates referred to in the
preceding paragraph and involving through way-bills shall be established
when one of the Allied and Associated Powers shall require it from
Austria.
However, without
prejudice to the provisions of Articles 288 and 289, Austria undertakes
to maintain on her own lines the regime of tariffs existing before the
war as regards traffic to Adriatic and Black Sea ports, from the point
of view of competition with North German ports.
Article 313
From the coming
into force of the present Treaty the High Contracting Parties shall
renew, in so far as concerns them and under the reserves indicated in
the second paragraph of the present Article, the Conventions and
arrangements signed at Berne on 14 October 1890, 20 September 1893, 16
July 1895, 16 June 1898 and 19 September 1906 regarding the
transportation of goods by rail.
If within five
years from the date of the coming into force of the present Treaty a new
Convention for the transportation of passengers, luggage and goods by
rail shall have been concluded to replace the Berne Convention of 14
October 1890 and the subsequent additions referred to above, this new
Convention and the supplementary provisions for international transport
by rail which may be based on it shall bind Austria, even if she shall
have refused to take part in the preparation of the Convention or to
subscribe to it. Until a new Convention shall have been concluded,
Austria shall conform to the provisions of the Berne Convention and the
subsequent additions referred to above, and to the current supplementary
provisions.
Article 314
Austria shall be
bound to cooperate in the establishment of through ticket services (for
passengers and their luggage) which shall be required by any of the
Allied and Associated Powers to ensure their communication by rail with
each other and with all other countries by transit across the
territories of Austria; in particular Austria shall, for this purpose,
accept trains and carriages coming from the territories of the Allied
and Associated Powers and shall forward them with a speed at least equal
to that of her best long-distance trains on the same lines. The rates
applicable to such through services shall not in any case be higher than
the rates collected on Austrian internal services for the same distance,
under the same conditions of speed and comfort.
The tariffs
applicable under the same conditions of speed and comfort to the
transportation of emigrants going to or coming from ports of the Allied
and Associated Powers and using the Austrian railways, shall not be at a
higher kilometric rate than the most favourable tariffs (drawbacks and
rebates being taken into account) enjoyed on the said railways by
emigrants going to or coming from any other ports.
Article 315
Austria shall
not apply specially to such through services, or to the transportation
of emigrants going to or coming from the ports of the Allied and
Associated Powers, any technical, fiscal or administrative measures,
such as measures of customs examination, general police, sanitary
police, and control, the result, of which would be to impede or delay
such services.
Article 316
In case of
transport partly by rail and partly by internal navigation, with or
without through way-bill, the preceding Articles shall apply to the part
of the journey performed by rail.
Chapter III
Rolling stock
Article 317
Austria
undertakes that Austrian wagons shall be fitted with apparatus allowing:
(1) of their inclusion in goods trains on the lines of such of the
Allied and Associated Powers as are parties to the Berne Convention of
15 May 1886, as modified on 18 May 1907, without hampering the action of
the continuous brake which may be adopted in such countries with ten
years of the coming into force of the present Treaty, and
(2) the inclusion of wagons of such countries in all goods trains on
Austrian lines.
The rolling
stock of the Allied and Associated Powers shall enjoy on the Austrian
lines the same treatment as Austrian rolling stock as regards movement,
upkeep and repairs.
Chapter IV
Transfers of
railway lines
Article 318
Subject to any
special provisions concerning the transfer of ports, waterways and
railways situated in the territories transferred under the present
Treaty, and to the financial conditions relating to the concessionnaires
and the pensioning of the personnel, the transfer of railways will take
place under the following conditions:
(1) The works
and installations of all the railroads shall be handed over complete and
in good condition.
(2) When a
railway system possessing its own rolling stock is handed over in its
entirety by Austria to one of the Allied and Associated Powers, such
stock shall be handed over complete, in accordance with the last
inventory before 3 November 1918, and in a normal state of upkeep.
(3) As regards
lines without any special rolling stock, the distribution of the stock
existing on the system to which these lines belong shall be made by
Commissions of experts designated by the Allied and Associated Powers,
on which Austria shall be represented. These Commissions shall have
regard to the amount of the material registered on these lines in the
last inventory before 3 November 1918, the length of track (sidings
included), and the nature and amount of the traffic. These Commissions
shall also specify the locomotives, carriages and wagons to be handed
over in each case; they shall decide upon the conditions of their
acceptance, and shall make the provisional arrangements necessary to
ensure their repair in Austrian workshops.
(4) Stocks of
stores, fittings and plant shall be handed over under the same
conditions as the rolling stock.
The provisions
of paragraphs 3 and 4 above shall be applied to the lines of former
Russian Poland converted by the Austro-Hungarian authorities to the
normal gauge, such lines being regarded as detached from the Austrian
and Hungarian State systems.
Chapter V
Provisions
relating to certain railway lines
Article 319
When as a result
of the fixing of new frontiers a railway connection between two parts of
the same country crosses another country, or a branch line from one
country has its terminus in another, the conditions of working, if not
specifically provided for in the present Treaty, shall be laid down in a
convention between the railway administrations concerned. If the
administrations cannot come to an agreement as to the terms of such
convention, the points of difference shall be decided by commissions of
experts composed as provided in the preceding Article.
The
establishment of all the new frontier stations between Austria and the
contiguous Allied and Associated States, as well as the working of the
lines between those stations, shall be settled by agreements similarly
concluded.
Article 320
With the object
of ensuring regular utilisation of the railroads of the former
Austro-Hungarian Monarchy owned by private companies which, as a result
of the stipulations of the present Treaty, will be situated in the
territory of several States, the administrative and technical
reorganisation of the said lines shall be regulated in each instance by
an agreement between the owning company and the States territorially
concerned.
Any differences
on which agreement is not reached, including questions relating to the
interpretation of contracts concerning the expropriation of the lines,
shall be submitted to arbitrators designated by the Council of the
League of Nations.
This arbitration
may, as regards the South Austrian Railway Company, be required either
by the Board of Management or by the Committee representing the
bondholders.
Article 321
Within a period
of five years from the coming into force of the present Treaty, Italy
may require the construction or improvement on Austrian territory of the
new transalpine lines of the Col de Reschen and the Pas de Predil.
Unless Austria decides to pay for the works herself, the cost of
construction or improvement shall be paid by Italy. An arbitrator
appointed by the Council of the League of Nations shall, after the lapse
of such period as may be fixed by the Council, determine the portion of
the cost of construction or improvement which must be repaid by Austria
to Italy on account of the increase of revenue on the Austrian railway
system resulting from these works.
Austria shall
hand over to Italy gratuitously the surveys, with their annexes, for the
construction of the following railway lines:
The line from
Tarvis to Trieste by Raibl, Plezzo, Caporetto, Canale and Gorizia;
The local line
from S. Lucia de Tolmino to Caporetto;
The line from
Tarvis to Plezzo (new scheme);
The Reschen line
connecting Landeck and Mals.
Article 322
In view of the
importance to the Czecho-Slovak State of free communication between that
State and the Adriatic, Austria recognises the right of the Czecho-Slovak
State to run its own trains over the sections included within her
territory of the following lines:
(1) from
Bratislava (Pressburg) towards Fiume via Sopron, Szembathely and Mura
Keresztur, and a branch from Mura Keresztur to Pragerhof;
(2) from
Budejovic (Budweiss) towards Trieste via Linz, S. Michael, Klagenfurt
and Assling, and the branch from Klagenfurt towards Tarvisio.
On the
application of either party, the route to be followed by the Czecho-Slovak
trains may be modified either permanently or temporarily by mutual
agreement between the Czecho-Slovak Railway Administration and those of
the railways over which the running powers are exercised.
Article 323
The trains for
which the running powers are used shall not engage in local traffic,
except by agreement between Austria and the Czecho-Slovak State.
Such running
powers will include, in particular, the right to establish running sheds
with small shops for minor repairs to locomotives and rolling stock, and
to appoint representatives where necessary to supervise the working of
Czecho-Slovak trains.
Article 324
The technical,
administrative and financial conditions under which the rights of the
Czecho-Slovak State shall be exercised shall be laid down in a
Convention between the railway administration of the Czecho-Slovak State
and the railway administrations of the Austrian systems concerned. If
the administrations cannot come to an agreement on the terms of this
Convention, the points of difference shall be decided by an arbitrator
nominated by Great Britain, and his decisions shall be binding on all
parties.
In the event of
disagreement as to the interpretation of the Convention or of
difficulties arising unprovided for in the Convention, the same form of
arbitration will be adopted until such time as the League of Nations may
lay down some other procedure.
Chapter VI
Transitory
provision
Article 325
Austria shall
carry out the instructions given her, in regard to transport, by an
authorised body acting on behalf of the Allied and Associated Powers:
(1) for the
carriage of troops under the provisions of the present Treaty, and of
material, ammunition and supplies for army use;
(2) as a temporary measure, for the transportation of supplies for
certain regions, as well as for the restoration, as rapidly as possible,
of the normal conditions of transport, and for the organisation of
postal and telegraphic services.
Chapter VII
Telegraphs and
telephones
Article 326
Notwithstanding
any contrary stipulations in existing treaties, Austria undertakes to
grant freedom of transit for telegraphic correspondence and telephonic
communications coming from or going to any one of the Allied and
Associated Powers, whether neighbours or not, over such lines as may be
most suitable for international transit and in accordance with the
tariffs in force. This correspondence and these communications shall be
subjected to no unnecessary delay or restriction; they shall enjoy in
Austria national treatment in regard to every kind of facility and
especially in regard to rapidity of transmission. No payment, facility
or restriction shall depend directly or indirectly on the nationality of
the transmitter or the addressee.
Article 327
In view of the
geographical situation of the Czecho-Slovak State Austria agrees to the
following modifications in the International Telegraph and Telephone
Conventions referred to in Article 235, Part X (Economic Clauses), of
the present Treaty:
(1) On the
demand of the Czecho-Slovak State Austria shall provide and maintain
trunk telegraph lines across Austrian territory.
(2) The annual rent to be paid by the Czecho-Slovak State for each of
such lines will be calculated in accordance with the provisions of the
abovementioned Conventions, but unless otherwise agreed shall not be
less than the sum that would be payable under those Conventions for the
number of messages laid down in those Conventions as conferring the
right to demand a new trunk line, taking as a basis the reduced tariff
provided for in Article 23, paragraph 5, of the International Telegraph
Convention as revised at Lisbon.
(3) So long as the Czecho-Slovak State shall pay the above minimum
annual rent of a trunk line:
(a) the line
shall be reserved exclusively for transit traffic to and from the Czecho-Slovak
State;
(b) the faculty
given to Austria by Article 8 of the International Telegraph Convention
of 22 July 1875 to suspend international telegraph services shall not
apply to that line.
(4) Similar provisions will apply to the provision and maintenance of
trunk telephone circuits, but the rent payable by the Czecho-Slovak
State for a trunk telephone circuit shall, unless otherwise agreed, be
double the rent payable for a trunk telegraph line.
(5) The particular lines to be provided together with any necessary
administrative, technical and financial conditions not provided for in
existing International Conventions or in this Article shall be fixed by
a further convention between the States concerned. In default of
agreement on such convention they will be fixed by an arbitrator
appointed by the Council of the League of Nations.
(6) The stipulations of the present Article may be varied at any time by
agreement between Austria and the Czecho-Slovak State. After the
expiration of ten years from the coming into force of the present Treaty
the conditions under which the Czecho-Slovak State shall enjoy the
rights conferred by this Article may, in default of agreement by the
parties, be modified at the request of either party by an arbitrator
designated by the Council of the League of Nations.
(7) In case of any dispute between the parties as to the interpretation
either of this Article or of the Convention referred to in paragraph 5,
this dispute shall be submitted for decision to the Permanent Court of
International Justice to be established by the League of Nations.
SECTION IV
DISPUTES AND
REVISION OF PERMANENT CLAUSES
Article 328
Disputes which
may arise between interested Powers with regard to the interpretation
and application of this Part of the present Treaty shall be settled as
provided by the League of Nations.
Article 329
At any time the
League of Nations may recommend the revision of such of the above
Articles as relate to a permanent administrative regime.
Article 330
The stipulations
in Articles 284 to 290, 293, 312, 314 to 316, and 326 shall be subject
to revision by the Council of the League of Nations at any time after
three years from the coming into force of the present Treaty.
Failing such
revision, no Allied or Associated Power can claim after the expiration
of the above period of three years the benefit of any of the
stipulations in the Articles enumerated above on behalf of any portion
of its territories in which reciprocity is not accorded in respect of
such stipulations. The period of three years during which reciprocity
cannot be demanded may be prolonged by the Council of the League of
Nations.
The benefit of
the stipulations mentioned above cannot be claimed by States to which
territory of the former Austro-Hungarian Monarchy has been transferred,
or which have arisen out of the dismemberment of that Monarchy, except
upon the footing of giving in the territory passing under their
sovereignty in virtue of the present Treaty reciprocal treatment to
Austria.
SECTION V
SPECIAL
PROVISION
Article 331
Without
prejudice to the special obligations imposed on her by the present
Treaty for the benefit of the Allied and Associated Powers, Austria
undertakes to adhere to any General Conventions regarding the
international regime of transit, waterways, ports or railways which may
be concluded by the Allied and Associated Powers, with the approval of
the League of Nations, within five years from the coming into force of
the present Treaty.
top
PART XIII
LABOUR
Articles 332 to 372 contained
Articles 332-372 contained in the
ILO Constitution.
top
PART XIV
MISCELLANEOUS PROVISIONS
Article 373
Austria
undertakes to recognise and to accept the conventions made or to be made
by the Allied and Associated Powers or any of them with any other Power
as to the traffic in arms and in spirituous liquors, and also as to the
other subjects dealt with in the General Acts of Berlin of 26 February
1885 and of Brussels of 2 July 1890, and the conventions completing or
modifying the same.
Article 374
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 17
July 1918 with His Serene Highness the Prince of Monaco defining the
relations between France and the Principality.
Article 375
The High
Contracting Parties, while they recognise the guarantees stipulated by
the Treaties of 1815, and especially by the Act of 20 November 1815 in
favour of Switzerland, the said guarantees constituting international
obligations for the maintenance of peace, declare nevertheless that the
provisions of these treaties, conventions, declarations and other
supplementary Acts concerning the neutralized zone of Savoy, as laid
down in paragraph 1 of Article 92 of the Final Act of the Congress of
Vienna and in paragraph 2 of Article 3 of the Treaty of Paris of 20
November 1815 are no longer consistent with present conditions. For this
reason the High Contracting Parties take note of the agreement reached
between the French Government and the Swiss Government for the
abrogation of the stipulations relating to this zone which are and
remain abrogated.
The High
Contracting Parties also agree that the stipulations of the Treaties of
1815 and of the other supplementary Acts concerning the free zones of
Upper Savoy and the Gex district are no longer consistent with present
conditions, and that it is for France and Switzerland to come to an
agreement together with a view to settling between themselves the status
of these territories under such conditions as shall be considered
suitable by both countries.
ANNEX
I.
The Swiss
Federal Council has informed the French Government on 5 May 1919 that
after examining the provisions of Article 435 of the Peace conditions
presented to Germany by the Allied and Associated Powers 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 abovementioned
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 20 November
1815.
(c) The
agreement between the Governments of France and Switzerland for the
abrogation of the abovementioned 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 20 November 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 26 April 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 18 May 1919, the
following note in reply to the communication set out in the preceding
paragraph:
In a note dated
5 May 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 5 May 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 abovementioned
paragraph of the note from the Swiss Legation of 5 May, 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 5 May under the heading "Neutralised
zone of Haute-Savoie".
Article 376
The Allied and
Associated Powers agree that where Christian religious missions were
being maintained by Austrian 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.
Austria, taking
note of the above undertaking, agrees to accept all arrangements made or
to be made by the Allied or Associated Government concerned for carrying
on the work of the said missions or trading societies and waives all
claims on their behalf.
Article 377
Without
prejudice to the provisions of the present Treaty, Austria undertakes
not to put forward directly or indirectly against any Allied or
Associated Power signatory of the present Treaty, any pecuniary claim
based on events which occurred at any time before the coming into force
of the present Treaty.
The present
stipulation will bar completely and finally all claims of this nature,
which will be thenceforward extinguished, whoever may be the parties in
interest.
Article 378
Austria accepts
and recognises as valid and binding all decrees and orders concerning
Austro-Hungarian ships and Austrian 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 Austrian national.
The Allied and
Associated Powers reserve the right to examine in such manner as they
may determine all decisions and orders of Austro-Hungarian Prize Courts,
whether affecting the property rights of nationals of those Powers or of
neutral Powers. Austria 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.
Article 379
The High
Contracting Parties agree that, in the absence of a subsequent agreement
to the contrary, the Chairman of any Commission established by the
present Treaty shall in the event of an equality of votes be entitled to
a second vote.
Article 380
Except where
otherwise provided in the present Treaty, in all cases where the Treaty
provides for the settlement of a question affecting particularly certain
States by means of a special convention to be concluded between the
States concerned, it is understood by the High Contracting Parties that
difficulties arising in this connection shall, until Austria is admitted
to membership of the League of Nations, be settled by the Principal
Allied and Associated Powers.
Article 381
In the present
Treaty the expression "former Austrian Empire" includes Bosnia and
Herzegovina except where the text implies the contrary. This provision
shall not prejudice the rights and obligations of Hungary in such
territory.
The present
Treaty, in French, in English, and in Italian, shall be ratified. In
case of divergence the French text shall prevail, except in Parts I
(Covenant of the League of Nations) and XIII (Labour), where the French
and English texts shall be of equal force.
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
procès-verbal of the deposit of ratifications will be drawn up as
soon as the Treaty has been ratified by Austria on the one hand, and by
three of the Principal Allied and Associated Powers on the other hand.
From the date of
this first procès-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 procès-verbaux of the deposit of ratifications.
IN FAITH WHEREOF
the above-named Plenipotentiaries have signed the present Treaty.
DONE at Saint-Germain-en-Laye,
the tenth day of September 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.
[Signatures not reproduced here.]
top
MAP
[Not reproduced here - see UKTS 1919 No. 11 (Cmd.
400).]
|