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56. hereinafter mentioned, in so far as concerns them, on condition that the
special stipulations contained in this article are fulfilled by Germany.
Postal Conventions:
Conventions and agreements of the Universal Postal Union
concluded at Vienna, July 4, 1891.
Conventions and agreements of the Postal Union signed at
Washington, June 15, 1897.
Conventions and agreements of the Postal Union signed at Rome
May 26, 1906.
Telegraphic Conventions:
International Telegraphic Conventions signed at St. Petersburg July
10, (22,) 1875.
Regulations and tariffs drawn up by the International Telegraphic
Conference, Lisbon, June 11, 1908.
Germany undertakes not to refuse her assent to the conclusion by the
new States of the special arrangements referred to in the conventions
and agreements relating to the Universal Postal Union and to the
International Telegraphic Union, to which the said new States have
adhered or may adhere.
ARTICLE 284.—From the coming into force of the present treaty the
high contracting parties shall apply, in so far as concerns them, the
International Radio-Telegraphic Convention of July 5, 1912, on
57. condition that Germany fulfills the provisional regulations which will
be indicated to her by the Allied and Associated Powers.
If within five years after the coming into force of the present treaty a
new convention regulating international radio-telegraphic
communications should have been concluded to take the place of the
convention of July 5, 1912, this new convention shall bind Germany
even if Germany should refuse either to take part in drawing up the
convention or to subscribe thereto.
This new convention will likewise replace the provisional regulations
in force.
ARTICLE 285.—From the coming into force of the present treaty the
high contracting parties shall apply in so far as concerns them and
under the conditions stipulated in Article 272 the conventions
hereinafter mentioned:
1. The conventions of May 6, 1882, and Feb. 1, 1889, regulating the
fisheries in the North Sea outside territorial waters.
2. The conventions and protocols of Nov. 16, 1887, Feb. 14, 1893, and
April 11, 1894, regarding the North Sea liquor traffic.
ARTICLE 286.—The International Convention of Paris of March 20,
1883, for the protection of industrial property, revised at Washington on
June 2, 1911; the International Convention of Berne of Sept. 9, 1886, for
the protection of literary and artistic works, revised at Berlin on Nov.
13, 1908, and completed by the additional protocol signed at Berne on
March 20, 1914, will again come into effect as from the coming into
force of the present treaty, in so far as they are not affected or modified
by the exceptions and restrictions resulting therefrom.
58. ARTICLE 287.—From the coming into force of the present treaty the
high contracting parties shall apply, in so far as concerns them, the
Convention of the Hague of July 17, 1905, relating to civil procedure.
This renewal, however, will not apply to France, Portugal and
Rumania.
ARTICLE 288.—The special rights and privileges granted to
Germany by Article 3 of the convention of Dec. 2, 1899, relating to
Samoa shall be considered to have terminated on Aug. 4, 1914.
ARTICLE 289.—Each of the Allied or Associated Powers, being
guided by the general principles or special provisions of the present
treaty, shall notify to Germany the bilateral treaties or conventions
which such Allied or Associated Power wishes to revive with Germany.
The notification referred to in the present article shall be made either
directly or through the intermediary of another power. Receipt thereof
shall be acknowledged in writing by Germany. The date of the revival
shall be that of the notification.
The Allied and Associated Powers undertake among themselves not
to revive with Germany any conventions or treaties which are not in
accordance with the terms of the present treaty.
The notification shall mention any provisions of the said conventions
and treaties which, not being in accordance with the terms of the
present treaty, shall not be considered as revived. In case of any
difference of opinion, the League of Nations will be called on to decide.
A period of six months from the coming into force of the present
treaty is allowed to the Allied and Associated Powers within which to
make the notification.
59. Only those bilateral treaties and conventions which have been the
subject of such a notification shall be revived between the Allied and
Associated Powers and Germany; all the others are and shall remain
abrogated.
The above regulations apply to all bilateral treaties or conventions
existing between all the Allied and Associated Powers signatories to the
present treaty and Germany, even if the said Allied and Associated
Powers have not been in a state of war with Germany.
ARTICLE 290.—Germany recognizes that all the treaties,
conventions, or agreements which she has concluded with Austria,
Hungary, Bulgaria, or Turkey since Aug. 1, 1914, until the coming into
force of the present treaty are and remain abrogated by the present
treaty.
ARTICLE 291.—Germany undertakes to secure to the Allied and
Associated Powers, and to the officials and nationals of the said powers,
the enjoyment of all the rights and advantages of any kind which she
may have granted to Austria, Hungary, Bulgaria, or Turkey, or to the
officials and nationals of these States by treaties, conventions, or
arrangements concluded before Aug. 1, 1914, so long as those treaties,
conventions, or arrangements remain in force.
The Allied and Associated Powers reserve the right to accept or not
the enjoyment of these rights and advantages.
ARTICLE 292.—Germany recognizes that all treaties, conventions, or
arrangements which she concluded with Russia or with any State or
Government of which the territory previously formed a part of Russia,
or with Rumania before Aug. 1, 1914, or after that date until the coming
into force of the present treaty, are and remain abrogated.
60. ARTICLE 293.—Should an Allied or Associated Power, Russia, or a
State or Government of which the territory formerly constituted a part
of Russia have been forced since Aug. 1, 1914, by reason of military
occupation or by any other means or for any other cause, to grant or to
allow to be granted by the act of any public authority, concessions,
privileges, and favors of any kind to Germany or to a German nation,
such concessions, privileges, and favors are ipso facto annulled by the
present treaty.
No claims or indemnities which may result from this annulment shall
be charged against the Allied or Associated Powers or the powers,
States, Governments, or public authorities which are released from their
engagements by the present article.
ARTICLE 294.—From the coming into force of the present treaty
Germany undertakes to give the Allied and Associated Powers and
their nationals the benefit ipso facto of the rights and advantages of any
kind which she has granted by treaties, conventions or arrangements to
non-belligerent States or their nationals since Aug. 1, 1914, until the
coming into force of the present treaty so long as those treaties,
conventions, or arrangements remain in force.
ARTICLE 295.—Those of the high contracting parties who have not
yet signed, or who have signed but not yet ratified, the Opium
Convention signed at The Hague on Jan. 23, 1912, agree to bring the
said convention into force, and for this purpose to enact the necessary
legislation without delay and in any case within a period of twelve
months from the coming into force of the present treaty.
Furthermore, they agree that ratification of the present treaty should
in the case of powers which have not yet ratified the Opium
Convention be deemed in all respects equivalent to the ratification of
61. that convention and to the signature of the special protocol which was
opened at The Hague in accordance with the resolutions adopted by the
Third Opium Conference in 1914 for bringing the said convention into
force.
For this purpose the Government of the French Republic will
communicate to the Government of the Netherlands a certified copy of
the protocol of the deposit of ratifications of the present treaty, and will
invite the Government of the Netherlands to accept and deposit the
said certified copy as if it were a deposit of ratifications of the Opium
Convention and a signature of the additional protocol of 1914.
SECTION III.—Debts.
ARTICLE 296.—There shall be settled through the intervention of
clearing offices to be established by each of the high contracting parties
within three months of the notification referred to in paragraph (e)
hereafter the following classes of pecuniary obligations:
1. Debts payable before the war and due by a national of one of the
contracting powers, residing within its territory, to a national of an
opposing power, residing within its territory.
2. Debts which became payable during the war to nationals of one
contracting power residing within its territory and arose out of
transactions or contracts with the nationals of an opposing power,
resident within its territory, of which the total or partial execution
was suspended on account of the declaration of war.
3. Interest which has accrued due before and during the war to a
national of one of the contracting powers in respect of securities
issued by an opposing power, provided that the payment of
62. 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.
63. Copyright Harris Ewing
M. Stephen Pichon
Chosen Chairman of the provisional
organization of the League of Nations in
recognition of his long leadership, not only
in France but internationally, in the work of
bringing about a world-wide organization to
preserve peace.
64. Click for a larger image.
The proceeds of liquidation of enemy property, rights, and
interests mentioned in Section IV. and in the annex thereto will be
accounted for through the clearing offices, in the currency and at the
rate of exchange hereinafter provided in Paragraph (d), and
disposed of by them under the conditions provided by the said
section and annex.
The settlements provided for in this article shall be effected
according to the following principles and in accordance with the
annex to this section:
a. Each of the high contracting parties shall prohibit, as from the
coming into force of the present treaty, both the payment and
the acceptance of payment of such debts, and also all
communications between the interested parties with regard to
the settlement of the said debts otherwise than through the
clearing offices.
b. Each of the high contracting parties shall be respectively
responsible for the payment of such debts due by its nationals,
except in the cases where before the war the debtor was in a
state of bankruptcy or failure, or had given formal indication of
insolvency or where the debt was due by a company whose
business has been liquidated under emergency legislation
during the war. Nevertheless, debts due by the inhabitants of
territory invaded or occupied by the enemy before the armistice
will not be guaranteed by the States of which those territories
form part.
65. c. The sums due to the nationals of one of the high contracting
parties by the nationals of an opposing State will be debited to
the clearing office of the country of the debtor, and paid to the
creditor by the clearing office of the country of the creditor.
d. Debts shall be paid or credited in the currency of such one of the
Allied and Associated Powers, their colonies or protectorates, or
the British Dominions or India, as may be concerned. If the
debts are payable in some other currency they shall be paid or
credited in the currency of the country concerned, whether an
Allied or Associated Power, colony, protectorate, British
Dominion, or India, at the pre-war rate of exchange.
For the purpose of this provision the pre-war rate of exchange
shall be defined as the average cable transfer rate prevailing in
the Allied or Associated country concerned during the month
immediately preceding the outbreak of war between the said
country concerned and Germany.
If a contract provides for a fixed rate of exchange governing the
conversion of the currency in which the debt is stated into the
currency of the Allied or Associated country concerned, then the
above provisions concerning the rate of exchange shall not
apply.
In the case of new States the currency in which and the rate of
exchange at which debts shall be paid or credited shall be
determined by the Reparation Commission provided for in Part
VIII. (Reparation.)
66. e. The provisions of this article and of the annex thereto shall not
apply as between Germany on the one hand and any one of the
Allied and Associated Powers, their colonies or protectorates, or
any one of the British Dominions or India on the other hand,
unless within a period of one month from the deposit of the
ratifications of the present treaty by the power in question, or of
the ratification on behalf of such dominion or of India, notice to
that effect is given to Germany by the Government of such
Allied or Associated Power or of such Dominion or of India as
the case may be.
f. The Allied and Associated Powers who have adopted this article
and the annex hereto may agree between themselves to apply
them to their respective nationals established in their territory
so far as regards matters between their nationals and German
nationals. In this case the payments made by application of this
provision will be subject to arrangements between the allied and
associated clearing offices concerned.
ANNEX
1. Each of the high contracting parties will, within three months
from the notification provided for in Article 296, Paragraph (e),
establish a clearing office for the collection and payment of
enemy debts.
Local clearing offices may be established for any particular
portion of the territories of the high contracting parties. Such
local clearing offices may perform all the functions of a central
clearing office in their respective districts, except that all
67. transactions with the clearing office in the opposing State must
be effected through the central clearing office.
2. In this annex the pecuniary obligations referred to in the first
paragraph of Article 296 are described as enemy debts, the
persons from whom the same are due as enemy debtors, the
persons to whom they are due as enemy creditors, the clearing
office in the country of the creditor is called the Creditor
Clearing Office, and the clearing office in the country of the
debtor is called the Debtor Clearing Office.
3. The high contracting parties will subject contraventions of
Paragraph (a) of Article 296 to the same penalties as are at
present provided by their legislation for trading with the
enemy. They will similarly prohibit within their territory all
legal process relating to payment of enemy debts, except in
accordance with the provisions of this annex.
4. The Government guarantee specified in Paragraph (b) of Article
296 shall take effect whenever, for any reason, a debt shall not
be recoverable, except in a case where at the date of the
outbreak of war the debt was barred by the laws of prescription
in force in the country of the debtor, or where the debtor was at
that time in a state of bankruptcy or failure or had given formal
indication of insolvency, or where the debt was due by a
company whose business has been liquidated under emergency
legislation during the war. In such case the procedure specified
by this annex shall apply to payment of the dividends.
68. 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.
69. 6. When a debt has been admitted, in whole or in part, the Debtor
Clearing Office will at once credit the Creditor Clearing Office
with the amount admitted, and at the same time notify it of such
credit.
7. The debt shall be deemed to be admitted in full and shall be
credited forthwith to the Creditor Clearing Office unless within
three months from the receipt of the notification or such longer
time as may be agreed to by the Creditor Clearing Office notice
has been given by the Debtor Clearing Office that it is not
admitted.
8. When the whole or part of a debt is not admitted the two
clearing offices will examine into the matter jointly, and will
endeavor to bring the parties to an agreement.
9. The Creditor Clearing Office will pay to the individual creditor
the sums credited to it out of the funds placed at its disposal by
the Government of its country and in accordance with the
conditions fixed by the said Government, retaining any sums
considered necessary to cover risks, expenses, or commissions.
10. Any person having claimed payment of an enemy debt which is
not admitted in whole or in part shall pay to the clearing office
by way of fine interest at 5 per cent. on the part not admitted.
Any person having unduly refused to admit the whole or part
of a debt claimed from him shall pay by way of fine interest at 5
per cent. on the amount with regard to which his refusal shall be
disallowed.
70. Such interest shall run from the date of expiration of the period
provided for in Paragraph 7 until the date on which the claim
shall have been disallowed or the debt paid.
Each clearing office shall in so far as it is concerned take steps to
collect the fines above provided for, and will be responsible if
such fines cannot be collected.
The fines will be credited to the other clearing office, which shall
retain them as a contribution toward the cost of carrying out the
present provisions.
11. The balance between the clearing offices shall be struck
monthly, and the credit balance paid in cash by the debtor State
within a week.
Nevertheless, any credit balances which may be due by one or
more of the Allied and Associated Powers shall be retained until
complete payment shall have been effected of the sums due to
the Allied or Associated Powers or their nationals on account of
the war.
12. To facilitate discussion between the clearing offices each of them
shall have a representative at the place where the other is
established.
13. Except for special reasons all discussions in regard to claims
will, so far as possible, take place at the Debtor Clearing Office.
71. 14. In conformity with Article 296, Paragraph (b), the high
contracting parties are responsible for the payment of the enemy
debts owing by their nationals.
The Debtor Clearing Office will therefore credit the Creditor
Clearing Office with all debts admitted, even in case of inability
to collect them from the individual debtor. The Governments
concerned will, nevertheless, invest their respective clearing
offices with all necessary powers for the recovery of debts which
have been admitted.
As an exception the admitted debts owing by persons having
suffered injury from acts of war shall only be credited to the
Creditor Clearing Office when the compensation due to the
person concerned in respect of such injury shall have been paid.
15. Each Government will defray the expenses of the clearing office
set up in its territory, including the salaries of the staff.
16. Where the two clearing offices are unable to agree whether a
debt claimed is due, or in case of a difference between an enemy
debtor and an enemy creditor, or between the clearing offices,
the dispute shall either be referred to arbitration if the parties so
agree under conditions fixed by agreement between them, or
referred to the mixed arbitral tribunal provided for in Section
VI. hereafter.
At the request of the Creditor Clearing Office the dispute may,
however, be submitted to the jurisdiction of the courts of the
place of domicile of the debtor.
72. 17. Recovery of sums found by the Mixed Arbitral Tribunal, the
court, or the arbitration tribunal to be due shall be effected
through the clearing offices as if these sums were debts
admitted by the Debtor Clearing Office.
18. Each of the Governments concerned shall appoint an agent who
will be responsible for the presentation to the mixed arbitral
tribunal of the cases conducted on behalf of its clearing office.
This agent will exercise a general control over the
representatives or counsel employed by its nationals.
Decisions will be arrived at on documentary evidence, but it
will be open to the tribunal to hear the parties in person, or,
according to their preference, by their representatives approved
by the two Governments, or by the agent referred to above, who
shall be competent to intervene along with the party or to
reopen and maintain a claim abandoned by the same.
19. The clearing offices concerned will lay before the mixed arbitral
tribunal all the information and documents in their possession,
so as to enable the tribunal to decide rapidly on the cases which
are brought before it.
20. Where one of the parties concerned appeals against the joint
decision of the two clearing offices he shall make a deposit
against the costs, which deposit shall only be refunded when
the first judgment is modified in favor of the appellant and in
proportion to the success he may attain, his opponent in case of
such a refund being required to pay an equivalent proportion of
73. the costs and expenses. Security accepted by the tribunal may be
substituted for a deposit.
A fee of 5 per cent. of the amount in dispute shall be charged in
respect of all cases brought before the tribunal. This fee shall,
unless the tribunal directs otherwise, be borne by the
unsuccessful party. Such fee shall be added to the deposit
referred to. It is also independent of the security.
The tribunal may award to one of the parties a sum in respect of
the expenses of the proceedings.
Any sum payable under this paragraph shall be credited to the
clearing office of the successful party as a separate item.
21. With a view to the rapid settlement of claims, due regard shall
be paid in the appointment of all persons connected with the
clearing offices or with the Mixed Arbitral Tribunal to their
knowledge of the language of the other country concerned. Each
of the clearing offices will be at liberty to correspond with the
other, and to forward documents in its own language.
22. Subject to any special agreement to the contrary between the
Governments concerned, debts shall carry interest in accordance
with the following provisions:
Interest shall not be payable on sums of money due by way of
dividend, interest, or other periodical payments which
themselves represent interest on capital.
74. The rate of interest shall be 5 per cent. per annum except in
cases where, by contract, law, or custom, the creditor is entitled
to payment of interest at a different rate. In such cases the rate to
which he is entitled shall prevail.
Interest shall run from the date of commencement of hostilities
(or, if the sum of money to be recovered fell due during the war,
from the date at which it fell due) until the sum is credited to
the clearing office of the creditor.
Sums due by way of interest shall be treated as debts admitted
by the clearing offices and shall be credited to the Creditor
Clearing Office in the same way as such debts.
23. Where by decision of the clearing offices or the Mixed Arbitral
Tribunal a claim is held not to fall within Article 296, the
creditor shall be at liberty to prosecute the claim before the
courts or to take such other proceedings as may be open to him.
The presentation of a claim to the clearing office suspends the
operation of any period of prescription.
24. The high contracting parties agree to regard the decisions of the
Mixed Arbitral Tribunal as final and conclusive, and to render
them binding upon their nationals.
25. In any case where a Creditor Clearing Office declines to notify a
claim to the Debtor Clearing Office, or to take any step provided
for in this annex, intended to make effective in whole or in part
a request of which it has received due notice, the enemy creditor
75. shall be entitled to receive from the clearing office a certificate
setting out the amount of the claim, and shall then be entitled to
prosecute the claim before the courts or to take such other
proceedings as may be open to him.
SECTION IV.—Property, Rights, and Interests
ARTICLE 297.—The question of private property, rights, and
interests in an enemy country shall be settled according to the
principles laid down in this section and to the provisions of the
annex hereto:
a. The exceptional war measures and measures of transfer (defined
in Paragraph 3 of the annex hereto) taken by Germany with
respect to the property, rights, and interests of nationals of
Allied or Associated Powers, including companies and
associations in which they are interested, when liquidation has
not been completed, shall be immediately discontinued or
stayed and the property, rights, and interests concerned
restored to their owners, who shall enjoy full rights therein in
accordance with the provisions of Article 298.
b. Subject to any contrary stipulations which may be provided for
in the present treaty, the Allied and Associated Powers reserve
the right to retain and liquidate all property, rights, and
interests belonging at the date of the coming into force of the
present treaty to German nationals, or companies controlled by
them, within their territories, colonies, possessions, and
protectorates including territories ceded to them by the present
treaty.
76. The liquidation shall be carried out in accordance with the laws
of the Allied or Associated State concerned, and the German
owner shall not be able to dispose of such property, rights, or
interests nor to subject them to any charge without the consent
of that State.
German nationals who acquire ipso facto the nationality of an
Allied or Associated Power in accordance with the provisions of
the present treaty will not be considered as German nationals
within the meaning of this paragraph.
c. The price of the amount of compensation in respect of the
exercise of the right referred to in the preceding Paragraph (b)
will be fixed in accordance with the methods of sale or valuation
adopted by the laws of the country in which the property has
been retained or liquidated.
d. As between the Allied and Associated Powers or their nationals
on the one hand and Germany or her nationals on the other
hand, all the exceptional war measures, or measures of transfer,
or acts done or to be done in execution of such measures as
defined in Paragraphs 1 and 3 of the annex hereto shall be
considered as final and binding upon all persons except as
regards the reservations laid down in the present treaty.
e. The nationals of Allied and Associated Powers shall be entitled
to compensation in respect of damage or injury inflicted upon
their property, rights, or interests including any company or
association in which they are interested, in German territory as
it existed on Aug. 1, 1914, by the application either of the
77. exceptional war measures or measures of transfer mentioned in
Paragraphs 1 and 3 of the annex hereto. The claims made in this
respect by such nationals shall be investigated, and the total of
the compensation shall be determined by the Mixed Arbitral
Tribunal provided for in Section VI, or by an arbitrator
appointed by that tribunal. This compensation shall be borne by
Germany, and may be charged upon the property of German
nationals, within the territory or under the control of the
claimant's State. This property may be constituted as a pledge
for enemy liabilities under the conditions fixed by Paragraph 4
of the annex hereto. The payment of this compensation may be
made by the Allied or Associated State, and the amount will be
debited to Germany.
f. Whenever a national of an Allied or Associated Power is entitled
to property which has been subjected to a measure of transfer in
German territory and expresses a desire for its restitution, his
claim for compensation in accordance with Paragraph (e) shall
be satisfied by the restitution of the said property if it still exists
in specie.
In such case Germany shall take all necessary steps to restore
the evicted owner to the possession of his property, free from all
incumbrances or burdens with which it may have been charged
after the liquidation, and to indemnify all third parties injured
by the restitution.
If the restitution provided for in this paragraph cannot be
effected, private agreements arranged by the intermediation of
the powers concerned or the clearing offices provided for in the
78. Annex to Section III. may be made, in order to secure that the
national of the Allied or Associated Power may secure
compensation for the injury referred to in Paragraph (e) by the
grant of advantages or equivalents which he agrees to accept in
place of the property, rights or interests of which he was
deprived.
Through restitution in accordance with this article the price or
the amount of compensation fixed by the application of
Paragraph (e) will be reduced by the actual value of the
property restored, account being taken of compensation in
respect of loss of use or deterioration.
g. The rights conferred by Paragraph (f) are reserved to owners
who are nationals of Allied or Associated Powers within whose
territory legislative measures prescribing the general liquidation
of enemy property, rights or interests were not applied before
the signature of the armistice.
h. Except in cases where, by application of Paragraph (f),
restitutions in specie have been made, the net proceeds of sales
of enemy property, rights or interests wherever situated carried
out either by virtue of war legislation, or by application of this
article, and in general all cash assets of enemies, shall be dealt
with as follows:
1. As regards powers adopting Section III. and the annex
thereto, the said proceeds and cash assets shall be credited
to the power of which the owner is a national, through the
clearing office established thereunder; any credit balance in
79. favor of Germany resulting therefrom shall be dealt with as
provided in Article 243.
2. As regards powers not adopting Section III. and the annex
thereto, the proceeds of the property, rights and interests,
and the cash assets, of the nationals or Allied or Associated
Powers held by Germany shall be paid immediately to the
person entitled thereto or to his Government; the proceeds
of the property, rights and interests, and the cash assets, of
German nationals received by an Allied or Associated
Power shall be subject to disposal by such power in
accordance with its laws and regulations and may be
applied in payment of the claims and debts defined by this
article or Paragraph 4 of the annex hereto. Any property,
rights and interests or proceeds thereof or cash assets not
used as above provided may be retained by the said Allied
or Associated Power and if retained the cash value thereof
shall be dealt with as provided in Article 243.
In the case of liquidations effected in new States, which are
signatories of the present treaty as Allied and Associated
Powers, or in States which are not entitled to share in the
reparation payments to be made by Germany, the proceeds
of liquidations effected by such States shall, subject to the
rights of the Reparation Commission under the present
treaty, particularly under Articles 235 and 260, be paid
direct to the owner. If on the application of that owner the
Mixed Arbitral Tribunal, provided for by Section VI. of this
part or an arbitrator appointed by that tribunal, is satisfied
that the conditions of the sale or measures taken by the
80. Government of the State in question outside its general
legislation were unfairly prejudicial to the price obtained,
they shall have discretion to award to the owner equitable
compensation to be paid by that State.
i. Germany undertakes to compensate its nationals in respect of
the sale or retention of their property, rights or interests in
Allied or Associated States.
j. The amount of all taxes and imposts upon capital levied or to be
levied by Germany on the property, rights, and interests of the
nationals of the Allied or Associated Powers from the 11th of
November, 1918, until three months from the coming into force
of the present treaty, or, in the case of property, rights or
interests which have been subjected to exceptional measures of
war, until restitution in accordance with the present treaty, shall
be restored to the owners.
ARTICLE 298.—Germany undertakes, with regard to the
property, rights and interests, including companies and associations
in which they were interested, restored to nationals of Allied and
Associated Powers in accordance with the provisions of Article 297,
Paragraph (a) or (f):
a. to restore and maintain, except as expressly provided in the
present treaty, the property, rights, and interests of the nationals
of Allied or Associated Powers in the legal position obtaining in
respect of the property, rights, and interests of German
nationals under the laws in force before the war.
81. b. not to subject the property, rights, or interests of the nationals of
the Allied or Associated Powers to any measures in derogation
of property rights which are not applied equally to the property,
rights, and interests of German nationals, and to pay adequate
compensation in the event of the application of these measures.
ANNEX
1. In accordance with the provisions of Article 297, Paragraph (d),
the validity of vesting orders and of orders for the winding up
of businesses or companies, and of any other orders, directions,
decisions, or instructions of any court or any department of the
Government of any of the high contracting parties made or
given, or purporting to be made or given, in pursuance of war
legislation with regard to enemy property, rights, and interests
is confirmed. The interests of all persons shall be regarded as
having been effectively dealt with by any order, direction,
decision, or instruction dealing with property in which they
may be interested, whether or not such interests are specifically
mentioned in the order, direction, decision, or instruction. No
question shall be raised as to the regularity of a transfer of any
property, rights, or interests dealt with in pursuance of any such
order, direction, decision, or instruction. Every action taken
with regard to any property, business, or company, whether as
regards its investigation, sequestration, compulsory
administration, use, requisition, supervision, or winding up, the
sale or management of property, rights, or interests, the
collection or discharge of debts, the payment of costs, charges or
expenses, or any other matter whatsoever, in pursuance of
orders, directions, decisions, or instructions of any court or of
82. any department of the Government of any of the high
contracting parties, made or given, or purporting to be made or
given in pursuance of war legislation with regard to enemy
property, rights or interests, is confirmed. Provided that the
provisions of this paragraph shall not be held to prejudice the
titles to property heretofore acquired in good faith and for value
and in accordance with the laws of the country in which the
property is situated by nationals of the Allied and Associated
Powers.
The provisions of this paragraph do not apply to such of the
above-mentioned measures as have been taken by the German
authorities in invaded or occupied territory, nor to such of the
above mentioned measures as have been taken by Germany or
the German authorities since Nov. 11, 1918, all of which shall be
void.
2. No claim or action shall be made or brought against any Allied
or Associated Power or against any person acting on behalf of or
under the direction of any legal authority or department of the
Government of such a power by Germany or by any German
national wherever resident in respect of any act or omission
with regard to his property, rights, or interests during the war
or in preparation for the war. Similarly no claim or action shall
be made or brought against any person in respect of any act or
omission under or in accordance with the exceptional war
measures, laws, or regulations of any Allied or Associated
Power.
83. 3. In Article 297 and this Annex the expression exceptional war
measures includes measures of all kinds, legislative,
administrative, judicial, or others, that have been taken or will
be taken hereafter with regard to enemy property, and which
have had or will have the effect of removing from the
proprietors the power of disposition over their property, though
without affecting the ownership, such as measures of
supervision, of compulsory administration, and of
sequestration; or measures which have had or will have as an
object the seizure of, the use of, or the interference with enemy
assets, for whatsoever motive, under whatsoever form or in
whatsoever place. Acts in the execution of these measures
include all detentions, instructions, orders or decrees of
Government departments or courts applying these measures to
enemy property, as well as acts performed by any person
connected with the administration or the supervision of enemy
property, such as the payment of debts, the collecting of credits,
the payment of any costs, charges, or expenses, or the collecting
of fees.
Measures of transfer are those which have affected or will affect
the ownership of enemy property by transferring it in whole or
in part to a person other than the enemy owner, and without his
consent, such as measures directing the sale, liquidation, or
devolution of ownership in enemy property, or the canceling of
titles or securities.
4. All property, rights, and interests of German nationals within
the territory of any Allied or Associated Power and the net
proceeds of their sale, liquidation or other dealing therewith
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