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leurs conseillers lechniques ainsi que de ses Représentants prenant part aux sessions de la Conférence et du Conseil d'administration selon les cas.

Tous autres frais du Bureau international du Travail, des sessions de la Conférence ou de celles du Conseil d'administration, seront remboursés au Directeur par le

Secrétaire général de la Société des Nations sur le budget général de la Société.

Le Directeur sera responsable, vis-i-vis du Secrétaire général de la Société des

Nations, pour l'emploi de tous fonds à lui versés, conformément aux stipulations du présent article.

CHAPITRE II.

FONCTIONNEMENT.

ARTICLE 345.

Le Conseil d'administration établira l'ordre du jour des sessions de la Conférence après avoir examiné toutes propositions faites par le Gouvernement d'un des Membre ou par loute autre organisation visée à l'article 334 au sujet des matières à inscrire

ARTICLE 346.

Le Directeur remplira les fonctions de Secrétaire de la Conférence, et devra laire parvenir l'ordre du jour de chaque session, quatre mois avant l'ouverture de cette session, à chacun des Membres, et, par l'intermédiaire de ceux-ci, aux Délégués non gouvernementaux, lorsque ces derniers auront été désignés.

ARTICLE 347.

Chacun des Gouvernements des Membres aura le droit de contester l'inscription, à l'ordre du jour de la session, de l'un ou plusieurs des sujets prévus. Les motifs justifiant cette opposition devront être exposés dans un mémoire explicatif adressé au Directeur, lequel devra le communiquer aux Membres de l'Organisation perma- Les sujets auxquels il aura été fait opposition resteront néanmoins inclus à l'ordre du jour si la Conférence en décide ainsi à la majorité des deux tiers des suffrages exprimés par les Délégués présents.

Toute question au sujet de laquelle la Conférence décide, à la même majorité des deux tiers, qu'elle doit être examinée (autrement que prévu dans l'alinéa précédent), sera portée à l'ordre du jour de la session suivante.

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[176]

ARTICLE 348.

La Conférence formulera les règles de son fonctionnement; clle élira son prési- dent; elle pourra nommer des commissions chargées de présenter des rapports sur toutes questions qu'elle estimera devoir mettre à l'étude.

• La simple majorité des suffrages exprimés par les membres présents de la Conté- rence décidera dans tous les cas où une majorité plus forte n'est pas spécialement prévue par d'autres articles de la présente Partie du présent Traité.

Aucun vole n'est acquis si le nombre des suffrages exprimés est inférieur à la moitié du nombre des Délégués présents à la session.

ARTICLE 349.

La Conférence pourra adjoindre aux Commissions qu'elle constitue des conseillers techniques qui auront voix consultative mais non délibérative.

ARTICLE 350.

Si la Conférence se prononce pour l'adoption de propositions relatives à un objet à l'ordre du jour,

elle aura à déterminer si ces propositions devront prendre la forme :

a) d'une « recommandation » à soumettre à l'examen des Membres, en vue de lui faire porter effet sous forme de loi

nationale ou autrement; b) ou bien d'un projet

de convention internationale à ratifier par les Membres.

Dans les deux cas, pour qu'une recommandation ou qu'un projet de convention soient adoptés au vote final par la Conférence, une majorilé des deux tiers des voix des Délégués présents est requise.

En formant une recommandation ou un projet de convention d'une application générale, la Conférence devra avoir regard aux pays dans lesquels le climat, le développement incomplet de l'organisation industrielle ou d'autres circonstances particulières rendent les conditions de l'industrie essentiellement différentes, et elle aura à suggérer telles modifications qu'elle considérerait comme pouvant être nécessaires pour répondre aux con litions propres à ces pays.

Un exemplaire de la recommandation ou du projet de convention sera signé par lo

Président de la Conférence et le Directeur et sera déposé entre les mains du Secrélaire général de la Société des Nations. Celui-ci communiquera une copie certifiéo conforme de la recommandation ou du projet de Convention à chacun des Membres.

Chacun des Membres s'engage à soumeltre dans un délai d'un an à partir de la clôture de la session de la Conférence (ou, si par suite de circonstances exceptionmis janis plus dit do poste dans de un do co rence), la recommandation ou le projet de convention à l'autorité ou aux autorités dans la compétence desquels rentre la matière, en vue de la transformer en loi ou de prendre des mesures d'un autre ordre.
[177]

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S'il s'agit d'une recommandation, les Membres informeront le Secrétaire général des mesures prises.

S'il s'agit d'un projet de convention, le Membre qui aura obtenu le consentement de l'autorité ou des autorités compétentes, communiquera sa ratification formelle de la Convention au Secrétaire général et prendra telles mesures qui seront nécessaires pour rendre effectives les dispositions de ladite convention.

Si une recommandation n'est pas suivie d'un acte législatif ou d'autres mesures de nature à rendre effective cette recommandation ou bien si un projet de convention ne rencontre pas l'assentiment de l'autorité ou des autorités dans la compétence des- quelles rentre la matière, le Membre ne sera soumis à aucune autre obligation.

Dans le cas où il s'agit d'un Etat fédératif dont le pouvoir d'adhérer à une conven- tion sur des objets concernant le travail est soumis à certaines limitations, le

Gouvernement aura le droit de considérer un projel de convention auquel s'appli- quent ces

comme une simple recommandation et les dispositions du

présent article en ce qui regarde les recommandations s'appliquéront dans ce cas.

L'article ci-dessus sera interprété en conformité du principe suivant :

En aucun cas il ne sera demandé à aucun des Membres, comme conséquence de l'adoption par la Conférence d'une recommandation ou d'un projet de convention, de diminuer la protection déjà accordée par sa législation aux travailleurs dont il s'agit.

351.

Toute convention ainsi ratifiée

enregistrée

par le Secrétaire général de la

Société des Nations, mais ne liera que les Membres qui l'ont ratifiée.

ARTICLE 352.

Tout projet qui, dans le scrutin final sur l'ensemble, ne recueillera pas ta majorité des deux tiers des suffrages exprimés par les membres présents peut faire l'objet d'une convention particulière entre ceux des Membres de l'Organisation permanente qui en

Toute convention particulière de cette nature devra étre communiquée par les

Gouvernements intéressés au Secrétaire général de la Société des Nations, lequel la fera enregistrer:

ARTICLE 353.

Chacun des Membres s'engage à présenter au Bureau international du Travail un rapport annuel sur les mesures prises par lui pour mettre à exécution les conventions auxquelles il a adhéré. Ces rapports seront rédigés sous la forme indiquée par le

Conseil d'administration et devront contenir les précisions demandées par ce dernier.

Le Directeur présentera un résumé de ces rapports à la plus prochaine session de la .

Conférence.

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[178]

ARTICLE 354.

Toute réclamation adressée au Bureau international du Travail par une organisa- tion professionnelle ouvrière ou patronale et aux termes de laquelle l'un quelconque des Membres n'aurait pas assuré d'une manière satisfaisante l'exécution d'une conven- lion à laquelle ledit Membre a adhéré, pourra être transmise par le Conseil d'admi- nistration au Gouvernement mis en cause et ce Gouvernement pourra être invité à faire sur la matière telle déclaration qu'il jugera convenable.

ARTICLE 355.

Si aucune déclaration n'est reçue du Gouvernement mis en cause dans un délai raisonnable, ou si la déclaration reçue ne parait pas satisfaisante au Conseil d'admi- nistration, ce dernier aura le droit de rendre publique la réclamation reçue et, le cas échéant, la réponse faite.

ARTICLE 356.

Chacun des Membres pourra déposer une plainte au Bureau international du Tra- vail contre un autre Membre qui, à son avis, n'assurerait pas d'une manière satisfai- sante l'exécution d'une convention que l'un et l'autre auraient ratifiée en vertu des articles précédents.

Le Conseil d'administration peut, sil le juge à propos, et avant de saisir une

Commission d'enquète selon la procédure indiquée ci-après, se mettre en rapports avec le Gouvernement mis en cause de la manière indiquée à l'article 354.

Si le Conseil d'administration ne juge pas nécessaire de communiquer la plainte au Gouvernement mis en cause, ou si, cette communication ayant été faite, aucune réponse ayant satisfait le Conseil d'administration n'a été reçue dans un délai raison- nable, le Conseil pourra provoquer la formation d'une Commission d'enquête qui aura mission d'étudier la question soulevée et de déposer un rapport à ce sujet.

La même procédure pourra être engagée par le Conseil, soit d'office, soit sur la plainte d'un Délégué à la Conférence.

Lorsqu'une question soulevée par l'application des articles 355 ou 356 viendra devant le Conseil d'administration, le Gouvernement mis en cause, s'il n'a pas déjà un Représentant au sein du Conseil d'administration, aura le droit de désigner un

Délégué pour prendre part aux délibérations du Conseil relatives à cette affaire. La date à laquelle ces discussions doivent avoir lieu sera notifiée en temps utile au Gou- vernement mis en cause.

ARTICLE 357

La Commission d'enquète sera constituée de la manière suivante :

Chacun des Membres s'engage a désigner, dans les six mois qui suivront la dale de mise en vigueur au présent Traité, trois personnes compétentes en matières
- 179 -

industrielles, la première représentant les patrons, la deuxième représentant les tra- vailleurs et la troisième indépendante des uns et des autres. L'ensemble de ces per- sonnes formera une liste sur laquelle seront choisis les membres de la Commission

Le Conseil d'administration aura le droit de vérifier les titres desdites personnes el de refuser, à la majorité des deux tiers des suffrages exprimés par les Représentants présents, la nomination de celles dont les titres ne satisferaient pas aux prescriptions du présent article.

Sur la demande du Conseil d'administration, le Secrétaire général de la Société des Nations désignera trois personnes respectivement choisies dans chacune des trois catégories de la liste pour constituer la Commission d'enquête et désignera, en outre, l'une de ces trois personnes pour présider ladite Commission. Aucune des trois per- sonnes ainsi désignées ne pourra relever d'un des Membres directement intéressés à la plainte.

ArTICLe 358.

Dans le cas où une plainte serait renvoyée, en vertu de l'article 356, devant une

Commission d'enquête, chacun des Membres, qu'il soit ou non directement intéressé à la plainte, s'engage à mettre à la disposition de la Commission toute information qui se trouverait en sa possession relativement à l'objet de la plainte.

ARTICLE 359.

La Commission d'enquète, après un examen approfondi de la plainte, rédigera un rapport dans lequel elle consignera ses constatations sur tous les points de fait per- mettant de préciser la portée de la contestation, ainsi que les recommandations qu'elle croira devoir formuler quant aux mesures à prendre pour donner satisfaction au Gouvernement plaignant et quant aux délais dans lesquels ces mesures devraient

Ce rapport indiquera également, le cas échéant, les sanctions d'ordre économique contre le Gouvernement mis en cause que la Commission jugerait convenables et dont l'application par les autres Gouvernements lui paraitrait justifiée.

ARTICLE 360.

Le Secrétaire général de la Société des Nations communiquera le rapport de la

Commission d'enquête à chacun des Gouvernements intéressés dans le différend et en assurera la publication.

Chacun des Gouvernements intéressés devra signifier au Secrétaire général de la

Société des Nations, dans le délai d'un mois, s'il accepte ou non les recommanda- tions contenues dans le rapport de la Commission, et, au cas où il ne les accepte pas, s'il désire soumettre le différend à la Cour permanente de justice internationale de la Société des Nations.

TR. A.
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[180]

ARTICLE 36l.

Dans le cas où l'un des Membres ne prendrait pas, relativement à une recomman- dation ou à un projet de Convention, les mesures prescrites à l'article 350, loul autre

Membre aura le droit d'en référer à la Cour permanente de justice internationale.

ARTICLE 362.

La décision de la Gour permanente de justice internationale concernant une plainte ou une question qui lui aurait été soumise conformément aux articles 360 ou 361 ne sera pas susceptible d'appel.

ARTICLE 363.

Les conclusions ou recommandations éventuelles de la Commission d'enquète pourront être confirmées, amendées ou annulées par la Cour permanente de justice internationale, laquelle devra, le cas échéant, indiquer les sanctions d'ordre écono- mique qu'elle croirait convenable de prendre à l'encontre d'un Gouvernement en faute, et dont l'application par les autres Gouvernements lui paraitrait justifiée.

ArTIcLe 364.

Si un Membre quelconque ne se conforme pas dans le délai prescrit aux recom- mandations éventuellement contenues soit dans le rapport de la Commission d'en- quête, soit dans la décision de la Cour permanente de justice internationale, tout autre Membre pourra appliquer audit Membre les sanctions d'ordre économique que le rapport de la Commission ou la décision de la Cour auront déclarées applicables en l'espèce.

ArTIcLe 365.

Le Gouvernement en faute peut, à tout moment, informer le Conseil d'adminis- Iration qu'il a pris les mesures nécessaires pour se conformer soil aux recommanda- lions de la Commission d'enquête, soit à celles contenues dans la décision de la Cour permanente de justice internationale, et peut demander au Conseil de bien vouloir faire constituer par le Secrétaire général de la Société des Nations une Commission d'enquête chargée de vérifier ses dires. Dans ce cas, les stipulations des articles 357, 358, 359, 360, 362 et 363 s'appliqueront, et si le rapport dela Commission d'enquête ou la décision de la Cour permanente de Justice internationale sont favorables au

Gourernement en faule, les autres Gouvernements devront aussitôt rapporter les me- sures d'ordre économique qu'ils auront prises à l'encontre dudit Etat.
[181]

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CHAPITRE III.

PRESCRIPTIONS GÉNÉRALES.

ARTICLE 366.

Les Membres s'engagent à appliquer les conventions auxquelles ils auront adhéré, conformément aux stipulations de la présente Partie du présent Traité, à celles de leurs colonies ou possessions et à ceux de leurs protectorats qui ne se gouvernent pas pleinement eux-mêmes, cela sous les réserves suivantes :

1° Que la convention ne soit pas rendue inapplicable par les conditions locales;

2° Que les modifications qui seraient nécessaires pour adapter la convention aux conditions locales puissent être introduites dans celle-ci.

Chacun des Membres devra notifier au Bureau international du travail la décision qu'il se propose de prendre en ce qui concerne chacune de ses colonies ou posses- sions ou chacun de ses protectorats ne se gouvernant pas pleinement eux-mêmes.

ARTICLE 367.

Les amendements à la présente Partie du présent Traité, qui seront adoptés par la Conférence à la majorité des deux tiers des suffrages émis par les délégués présents, deviendront exécutoires lorsqu'ils auront été ratifiés par les Etats dont les représen- tants forment le Conseil de la Société des Nations et par les trois quarts des Membres.

ARTICLE 368.

Toutes questions ou difficultés relatives à l'interprétation de la présente Partie du présent Traité et des conventions ultérieurement conclues par les membres, en vertu de ladite Partie, seront soumises à l'appréciation de la Gour permanente de justice internationale.

CHAPITRE IV.

MESURES TRANSITOIRES.

ARTICLE 369.

La première session de la Conférence aura lieu au mois d'octobre 191g. Le lieu et l'ordre du jour de la session sont arrêtés dans l'Annexe ci-jointe.

TR. A.

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- 182 —

[182]

La convocation et l'organisation de cette première session seront assurées par le

Gouvernement désigné à cet effet dans ladite Annexe. Le Gouvernement sera assisté, en ce qui concerne la préparation des documents, par une Commission internatio- nale dont les membres seront désignés à la même Annexe.

Les frais de cette première session et de toute session ultérieure jusqu'au moment où les crédits nécessaires auront pu être inscrits au budget de la Société des Nations, à l'exception des frais de déplacement des délégués et des conseillers techniques, seront répartis entre les Membres dans les proportions établies pour le Bureau international de l'Union postale universelle.

ARTICLE 370.

Jusqu'à ce que la Société des Nations ait été constituée, toutes communications qui devraient être adressées, en vertu des articles précédents, au Secrétaire général de la Société seront conservées par le Directeur du Bureau international du travail, lequel en donnera connaissance au Secrétaire général.

ARTICLE 371.

Jusqu'à la création de la Cour permanente de justice internationale, les différends qui doivent lui ètre soumis en vertu de la présente Partie du présent Traité seront déférés à un tribunal formé de trois personnes désignées par le Conseil de la Société des Nations.

ANNEXE.

PREMIÈRE SESSION DE LA CONFÉRENCE DU TRAVAIL, 1919.

Le lieu de la Conférence sera Washington.

Le Gouvernement des États-Unis d'Amérique sera prié de convoquer la Conférence.

Le Comité international d'organisation sera composé de sept personnes désignées respec- tivement par les Gouvernements des Etats-Unis, de la Grande-Bretagne, de la France, d'Italie, du Japon, de la Belgique et de la Suisse. Le Comité pourra, s'il le juge nécessaire, inviter d'autres Membres à se faire représentes dans son sein.

L'ordre du jour sera le suivant :

1. Application du principe de la journée de huit heures ou de la semaine de quarante- huit heures;

2. Questions relatives aux moyens de prévenir le chômage et de remédier à ses consé- quences;

3. Emploi des femmes :

") Avant ou après l'accouchement (y compris la question de l'indemnité de maternité);

b) Pendant la nuit;

c) Dans les travaux insalubres.
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4. Emploi des enfants :

a) Âge d'admission au travail:

• b) Travaux de nuit;

c) Travaux insalubres.

5. Extension et application des Conventions internationales adoptées à Berne en 1906 sur l'interdiction du travail de nuit des femmes employées dans l'industrie et l'inter- diction de l'emploi du phosphore blanc (jaune) dans l'industrie des allumettes.

SECTION II.

PRINCIPES GÉNÉRAUX.

ARTICLE 372.

Les Hautes Parties Contractantes, reconnaissant que le bien-être physique, moral et intellectuel des travailleurs salariés est d'une importance essentielle au point de vue international, ont éiabli, pour parvenir à ce but élevé, l'organisme permanent prévu à la Section I et associé à celui de la Société des Nations.

Elles reconnaissent que les différences de climat, de mœurs et d'usages, d'oppor- tunité économique et de tradition industrielle rendent difficile à atteindre, d'une manière immédiate, l'uniformité absolue dans les conditions du travail. Mais, per- suadées qu'elles sont que le travail ne doit pas ètre considéré simplement comme un article de commerce, elles pensent qu'il y a des méthodes et des principes pour la réglementation des conditions de travail que toutes les communautés industrielles devraient s'efforcer d'appliquer, autant que les circonstances spéciales dans lesquelles elles pourraient se trouver, le permettraient.

Parmi ces méthodes et principes, les suivants paraissent aux Hautes Parties Contrac- tantes être d'une importance particulière et urgente :

1. Le principe dirigeant ci-dessus énonce que le travail ne doit pas être considéré simplement comme une marchandise ou un article de commerce.

2. Le droit d'association en vue de tous objets non contraires aux lois, aussi bien pour les salariés que pour les employeurs.

3. Le payement aux travailleurs d'un salaire leur assurant un niveau de vie conve- nable tel qu'on le comprend dans leur temps et dans leur pays.

4. L'adoption de la journée de huit heures ou de la semaine de quarante-huit heures comme but à atteindre partout où il n'a pas encore été obtenu.

5. L'adoption d'un repos hebdomadaire de vingt-quatre heures au minimum, qui devrait comprendre le dimanche toutes les fois que ce sera possible.

46.
La suppression du travail des enfants et l'obligation d'apporter au travail des eunes gens des deux sexes les limitations nécessaires pour leur permettre de conti- nuer leur éducation et d'assurer leur développement physique.

7. Le principe du salaire égal, sans distinction de sexe, pour un travail de valeur égale.

ment dans le pays.

9. Chaque État devra] organiser 'un

service d'inspection, qui comprendra des

femmes, afin d'assurer l'application des lois et règlements pour la protection des travailleurs.

Sans proclamer que ces principes et ces méthodes sont ou complets, ou définitifs, les Hautes Parties Contractantes sont d'avis qu'ils sont propres à guider la politique de la Société des Nations; et que, s'ils sont adoptés par les communautés industrielles a pratique pares corps goropri dispecteurs, il pandron des bienais dar a pratique par un corps approprié d'inspecteurs, manents sur les salariés du monde.

PARTIE XIV.

CLAUSES DIVERSES.

ARTICLE 373.

L'Autriche s'engage à reconnaître et agréer les conventions passées ou à passer par les Puissances alliées et associées ou certaines d'entre elles avec toute autre Puis- sance, relativement au commerce des armes. et des spiritueux ainsi qu'aux autres matières traitées dans les Actes généraux de Berlin du 26 février i885 et de Bruxelles du 2 juillet 18go, et les conventions qui les ont complétées ou modifiées.

ARTICLE 374.

Les Hautes Parties Contractantes reconnaissent avoir pris connaissance et donner acte du Traité signé par le Gouvernement de la République française le 1 7 juillet 1 918 avec son Altesse Sérénissime le Prince de Monaco, et définissant les rapports de la

France et de la Principauté.
[1 85]

- 185 - ARTICLE 375.

Les Hautes Parties Contractantes, tout en reconnaissant les garanties stipulées en laveur de la Suisse par les traités de 1 815 et notamment l'Acte du 20 novembre 1 815, garanties qui constituent des engagements internationaux pour le maintien de la paix, constatent cependant que les stipulations de ces traités et conventions, déclarations et autres actes complémentaires relatifs à la zone neutralisée de Savoie, telle qu'elle est déterminée par l'alinéa 1 de l'article g2 de l'Acte final du Congrès de Vienne et par l'atinéa 2 de l'article 3 du Traité de Paris du 20 novembre 1815, ne corres- pondent plus aux circonstances actuelles. En conséquence, les Hautes Parties Contrac- tantes prennent acte de l'accord intervenu entre le Gouvernement français et le

Gouvernement suisse pour l'abrogation des stipulations relatives à cette zone qui sont el demeurent abrogées.

Les Hautes Parties Contractantes reconnaissent de même que les stipulations des traités de 1815 et des autres actes complémentaires relatifs aux zones franches de la

Haute-Savoie et du Pays de Gex ne correspondent plus aux circonstances actuelles et qu'il appartient à la France et à la Suisse de régler entre elles, d'un commun accord, le régime de ces territoires, dans les conditions jugées opporlunes par les deux pays.

ANNEXE.

Le Conseil fédéral suisse a fait connaître au Gouvernement 5 mai 1919, qu'après avoir examiné dans un même esprit de sincère amitié, la disposi- tion de l'article 435 des Conditions de paix présentées à l'Allemagne par les Puissances alliées et associées, il a été assez heureux pour arriver à la conclusion qu'il lui élait pos- sible d'y acquiescer sous les considérations et, réserves suivantes:

1° Zone neutralisée de la Haute-Savoie :

a) Il sera entendu qu'aussi longtemps que les Chambres fédérales n'auront pas ratifié l'accord intervenu entre les deux Gouvernements concernant l'abrogation des stipulations relatives à la zone neutralisée de Savoie, il n'y aura rien de définitif de part ni d'autre à ce sujet.

6) L'assentiment donné par le Gouvernement suisse à l'abrogation des stipulations sus- mentionnées présuppose, conformément au texte adopté, la reconnaissance des garanties formulées en faveur de la Suisse par les traités de 1 815 et notamment par la déclaration du 20 novembre 1815.

c) L'accord entre les Gouvernements français et suisse pour l'abrogation des stipulations susmentionnées ne sera considéré comme valable que si le Traité de Paix contient l'article tel qu'il a été rédigé. En outre, les Parties contractantes du Traité de Paix devront chercher à

TR. A.

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1186]

obtenir le consentement des Puissances signataires des traités de 1815 et de la Déclaration du 2o novembre 1815, qui ne sont pas signataires du Traité de Paix actuel.

?° Zone franche de la Haute-Savoie et du pays de Gex:

a) Le Conseil fédéral déclare faire les réserves les plus expresses en ce qui concerne l'interprétation à donner à la déclaration mentionnée au dernier alinéa de l'article ci-dessus à insérer dans le Traité de Paix, où il est dit que « les stipulations des trailés de 1815 et des « autres actes complémentaires relatifs aux zones franches de la Haute-Savoie et du Pays de «Gex ne correspondent plus aux circonstances actuelles ». Le Conseil fédéral ne voudrait pas, suppression d'une institution ayant pour but de placer des contrées voisines au bénéfice d'un régime spécial approprié à leur situation géographique et économique et qui a fait ses preuves. Dans la pensée du Conseil fédéral, il s'agirait non pas de modifier la structure douanière des zones, telle qu'elle a été instituée par les traités susmentionnées, mais uni- quement de régler d'une façon mieux appropriée aux conditions économiques actuelles les modalités des échanges entre les régions intéressées. Les observations qui précèdent ont été inspirées au Conseil fédéral par la lecture du projet de convention relatif à la constitu- tion future des zones, qui se trouvait annexé à la note du Gouvernement français datée du 26 avril. Tout en faisant les réserves susmentionnées, le Conseil fédéral se déclare prêt à examiner dans l'esprit le plus amical toules les propositions que le Gouvernement français jugera à propos de lui faire à ce sujet.

6) Il est admis que les stipulations des traités de 1815 et autres actes complémentaires concernant des zones franches resteront en vigueur jusqu'au moment où un nouvel arran- gement sera intervenu entre la Suisse et la France pour régler le régime de ces territoires.

II

Le Gouvernement français a adressé au Gouvernement suisse, le 18 mai 1919, la note ci-après en réponse à la communication rapportée au paragraphe précédent :

Par une note en dale du 5 mai dernier, la Légation de Suisse à Paris a bien voulu faire connaître au Gouvernement de la République française l'adhésion du Gouvernement fédéral au projet d'article à insérer dans le Traité de Paix entre les Gouvernements alliés et associés, d'une part, et l'Allemagne d'autre part.

Le Gouvernement français a pris très volontiers acte de l'accord ainsi intervenu, et, sur sa demande, le projet d'article en question, accepté par les Gouvernements alliés et associés, a été. inséré sous le N° 435

dans les Conditions de paix présentées aux Plénipotentiaires

Le gouvernement suisse a formulé, dans sa note du 5 mai sur cette question, diverses considérations et réserves.

En ce qui concerne celles de ces observations qui sont relatives aux zones franches de la

Haute-Savoie et du Pays de Gex, le Gouvernement français a l'honneur de faire remarquer que la stipulation qui fait l'objet du dernier alinéa de l'article 435, est d'une telle clarté qu'aucun doute ne saurait être émis sur sa portée, spécialement en ce qui concerne le désin- téressement qu'elle implique désormais à l'égard de cette question de la part des Puissances autres que la France et la Suisse.
En co qui le concerne, le Gouvernement de la République, soucieux de veiller.sur les intérêts des territoires français dont il s'agit et s'inspirant à cet égard de leur situation parti- culière, ne perd pas de vue l'utilité de leur assurer un régime douanier approprié, et de régler d'une façon répondant mieux aux circonstances actuelles les modalités des échanges entre ces territoires et les territoires suisses voisins, en tenant compte des intérêts réci- proques.

Il va de soi que cela ne saurait en rien porter atteinte au droit de la France d'établir dans cette région sa ligne douanière à sa frontière politique, ainsi qu'il est fait sur les autres parties de ses limites territoriales et ainsi que la Suisse l'a fait elle-même depuis longtemps sur ses propres limites dans cette région.

Le Gouvernement de la République prend très volontiers acte à ce propos des dispositions amicales dans lesquelles le Gouvernement suisse se déclare prêt à examiner toutes les propo- sitions françaises, faites en vue de l'arrangement à substituer au régime actuel des dites zones franches, et que le Gouvernement français entend formuler dans le même esprit amical.

D'autre part, le Gouvernement de la République ne doute pas que le maintien provisoire du régime de 1815, relatif aux zones franches, visé par cet alinéa de la note de la Légation de Suisse du 5 mai, et qui a évidemment pour motif de ménager le passage du régime actuel au régime conventionnel ne constituera en aucune façon une cause de retard à l'établissement du nouvel état de choses reconnu nécessaire par les deux Gouvernements. La même obser- vation s'applique à la ratification par les Chambres fédérales prévue à l'alinéa A du primo de la note suisse du 5 mai, sous la rubrique « zone neutralisée de la Haute-Savoie ».

ARTICLE 376.

Les Puissances alliées et associées conviennent que, lorsque des missions reli- gieuses chrétiennes étaient entretenues par des sociétés ou par des personnes autri- chiennes sur des territoires leur appartenant ou confiés à leur Gouvernement en conformité du présent Traité, les propriétés de ces missions ou sociétés de missions, y compris les propriétés des sociétés de commerce dont les profits sont affectés à l'entretien des missions, devront continuer à recevoir une affectation de mission. A l'effet d'assurer la bonne exécution de cet engagement, les Gouvernements alliés et associés remettront lesdites propriétés à des Conseils d'administration, nommés ou approuvés par les Gouvernements et composés de personnes ayant les croyances rell- gieuses de la mission, dont la propriété est en question.

Les Gouvernements alliés et associés, en continuant d'exercer un plein contrôle en ce qui concerne les personnes par lesquelles ces missions sont dirigées, sauvegarde- ront les intérêts de ces missions.

L'Autriche, donnant acte des engagements qui précèdent, déctare agréer tous arrangements passés ou à passer par les Gouvernements alliés el associés intéressés pour l'accomplissement de l'œuvre desdites missions ou sociétés de commerce et se désiste de loules réclamations à leur égard.

•ARTICLE 377.

Sous réserve des dispositions du présent Traité, l'Autriche s'engage à ne présen- ler, directement ou indirectement, contre aucune des Puissances alliées et associées,

TR. A.

47.
- 188 -

signataires du présent Traité, aucune réclamation pécuniaire, pour aucun fait anté- rieur à la mise en vigueur du présent Traité.

La présente stipulation vaudra désistement complet et définitif de toules réclama- tion de cette nature, désormais éteintes, quels qu'en soient les intéressés.

ARTICLE 378.

L'Autriche accepte et reconnait comme valables et obligatoires toutes décisions et tous ordres concernant les navires austro-hongrois et les marchandises autri- chiennes ainsi que toutes décisions et ordres relatifs au payement des frais et rendus par l'une quelconque des juridictions de prises des Puissances alliées et associées el s'engage à ne présenter au nom de ses nationaux aucune réclamation

relativement

à ces décisions ou ordres.

Les Puissances alliées et associées se réservent le droit d'examiner, dans telles con- ditions qu'elles détermineront, les décisions et ordres des juridictions austro- hongroises en matière de prises, que ces décisions et ordres affectent les droits de propriété des ressortissants desdites Puissances ou ceux des ressortissants neutres.

L'Autriche s'engage à fournir des copies de tous les documents constituant le dossier des affaires, y compris les décisions et ordres rendus, ainsi qu'à accepter et exécuter lesrecommandations présentées après ledit examen des affaires.

ARTICLE 379.

Les Hautes Parties Contractantes conviennent qu'en l'absence de stipulations ulté- rieures contraires. le Président de toute Commission établie par le présent Traité aura droit, en cas de partage des voix, à émettre un second vote.

ARTICLE 380.

Sauf disposition contraire du présent Traité, dans lous les cas où ledit Traité prévoit le règlement d'une question particulière à certains États au moyen d'une convention spéciale à conclure entre les Étals intéressés, il est et demeure entendu entre les Hautes Parties Contractantes que les difficultés, qui viendraient à surgir a cet égard, seraient réglées par les Principales Puissances alliées et associées, jusqu'à ce que l'Autriche soit admise comme membre de la Société des Nations.

ARTICLE

381.

L'expression du présent Traité « ancien Empire d'Autriche » comprend la Bosnie et l'Herzégovine, à moins que le texte indique le contraire. Cette stipulation ne porte pas atteinle aux droits et obligations de la Hongrie relalivement à ces deux lerri-
[17]

-189-

PART I.

THE COVENANT

THE LEAGUE OF NATIONS.

THE HIGH CONTRACTINg PARTIES,

In order to promote international co-operation and to achieve international peace and security by the acceptance of obligations not to resort to war, by the prescription of open, just and honourable relations belween nations, by the firm establishment of the understandings of intertational law as the actual rule of conduct among Governments, and by the maintenance of justice and a scrupulous respect for all trealy obligations in the dealings of organised peoples with one another,

Agree to this Covenant of the League of Nations.

ARTICLE 1.

The original Members of the League of Nations shall be those of the Signatories which are named in the Annex to this Covenant and also such of those other States named in the Annex as shall accede without reservation lo this Covenant. Such all other Members of the League.

Apy fully self-governing State, Dominion or Colony not named in the Annex may become a Member of the League if its admission is agreed to by two-thirds of the

Assembly, provided that it shall give effective guarantees of its sincere intention to observe its international obligations, and shall accept such regulations as nay be prescribed by the League in regard to its military, naval and air forces and armaments.

Any Member of the League may, after two years' notice of its intention so lo do, withdraw from the League, provided that all its international obligations and all its obligations under this Covenant shall have been fulfilled at the time of its withdrawal.

ARTICLE 2.

The action of the League under this Covenant shall be effected through the instrumentality of an Assembly and of a Council, with a permanent Secretarial.

TR. A..

18
- 190 —

[18]

ARTICLE 3.

The Assembly shall consist of Representatives of the Members of the League.

The Assembly shall meet at stated intervals and from time to time as occasion may require at the Seat of the League or at such other place as may be decided

The Assembly may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world.

At meetings of the Assembly each Member of the League shall have one vote, and may have not more than three Representatives.

ARTICLE 4.

The Council shall consist of Representatives of the Principal Allied and Associated

Powers, together with Representatives of four other Members of the League.

These

four Members of the League shall be selected by the Assembly from time to time in its discretion. Until the appointment of the Representatives of the four Members of the League first selected by the Assembly, Representatives of Belgium, Brazil, Spain and Greece shall be members of the Council.

With the approval of the majority of the Assembly, the Council may name addi- tional Members of the League whose Representatives shall always be members of the Council; the Council with like approval may increase the number of Members of the League to be selected by the Assembly for representation on the Council.

The Council shall meet from time to time as occasion may require, and at least once a year, at the Seat of the League, or at such other place as may be decided upon.

The Council may deal at its meetings with any matter within the sphere of send a Representative to sit as a member at any meeting of the Council during the consideration of matters specially affecting the interests of that Member of

the

League.

At meetings of the Council, each Member of the League represented on the

Council shall have one vote, and may have not more than one Representative.

ARTICLE 5.

Except where otherwise expressly provided in this Covenant or by the lerms of the present Treaty, decisions at any meeting of the Assembly or of the Council shall require the agreement of all the Members of the League represented at the meeting.

All matters of procedure at meetings of the Assembly or of the Council, including the appointment of Committees to invesligate particular matters, shall be regulated by the Assembly or by the Council and may be decided by a majority of the Members of the League represented at the meeting.
— 191 —

The first meeting of the Assembly and the first meeting of the Council shall be summoned by the President of the United States of America.

ARTICLE 6.

The permanent Secretariat shall be established at the Seat of the League. The

Secretariat shall comprise a Secretary General and such secretaries and staff as may be required.

The first Secretary General shall be the person named in the Annex; thereafter the Secretary General shall be appointed by the Council with the approval of the majority of the Assembly.

The secretaries and staff of the Secretariat shall be appointed by the Secretary

General with the approval of the Council.

The Secretary General shall act in that capacity at all meetings of the Assembly and of the Council.

The expenses of the Secretariat shall be borne by the Members of the League in accordance with the apportionment of the expenses of the International Bureau of the Universal Postal Union.

ARTICLE 7.

The Seat of the League is established at Geneva.

The Council may at any time decide that the Seat of the League shall be established elsewhere.

All positions under or in connection with the League, including the Secretariat, shall be open equally to men and women.

Representatives of the Members of the League and officials of the League when engaged on the business of the League shall enjoy diplomatic privileges and

The buildings and other property occupied by the League or its officials or by

Representatives attending its meetings shall be inviolable.

ARTICLE 8.

The Members of the League recognise that the maintenance of peace requires the reduction of national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations.

The Council, taking account of the geographical situation and circumstances of each State, shall formulate plans for such reduction for the consideration and action of the several Governments.

Such plans shall be subject to reconsideration and revision at least every ten years.

After these plans shall have been adopted by the several Governments, the limits of armaments therein fixed shall not be exceeded without the concurrence of the Council.

The Members of the League agree that the manufacture by private enterprise of munitions and implements of war is open to grave objections.

The Council shall

advise how the evil effects attendant upon such manufacture can be prevented, due
[20]

regard being had to the necessities of those Members of the League which are not able to manufacture the munitions and implements of war necessary for their safety.

The Members of the League undertake to interchange full and frank information as to ihe scale of their armaments, their military, naval and air programmes and the condition of such of their industries as are adaptable to war-like purposes.

ARTICLE 9.

A permanent Commission shall be constituted to advise the Council on the execution of the provisions of Articles I and 8 and on military, naval and air questions generally.

ARTICLE 10.

The Members of the League undertake to respect and preserve 'às against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall

ARTICLE 11.

Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to sale- guard the peace of nations.

In case any such emergency should arise the Secretary

General shall on the request of any Member of the League forthwith summon a meeting of the Council.

It is also declared to be the friendly right of each Member of the League to bring 1o the, attention of the Assembly or of the Council any

circumstance whatever

affecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends.

ARTICLE 12.

The Members of the League agree that if there should arise between them any dispute likely to lead to a rupture, they will submit the maller either to arbitration or to inquiry by the Council, and they agree in no case to resort to war until three months after the award by the arbitrators or the report by the Council.

In any case under this Article the award of the arbitrators shall be made within a reasonable time, and the report of the Council shall be made within six months after the submission of the dispute.

ARTICLE 13.

The Members of the League agree that whenever any dispute shall arise between them which they recognise to be suitable for sulmission to arbitration and
[21]

_193 -

which cannot be satisfactorily settled by diplomacy, they will submit the whole subject-matter to arbitration.

Disputes as lo the interprelation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission lo arbitration.

For the consideration of any such dispute the court of arbitration to which the case is referred shall be the court agreed on by the parties to the dispute or stipulated in any convention existing between them.

The Members of the League agree that they will carry out in full good faith any award that may be rendered, and that they will not resort to war against a Member of the League which complies therewith. In the event of any failure to carry out such an award, the Council shall propose what steps should be taken to

give effect

ARTICLE 14.

The Council shall formulate and

submit to the Members of the League for

adoption plans for the establishment of a Permanent Court of International Justice.

The Court shall be competent to hear and determine any dispule of an international.

character which the parties thereto submit to it. The Court may also give an advisory opinion upon any dispute or question referred to it by the Council or by the

Assembly.

If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration in

accordance with Article 13,

the Members of the League agree that they will submit the matter to the Council.

Any party to the dispute may effect such submission by giving nolice of the existence of the dispute to the Secretary General, who will make all necessary arrangements for a full investigation and consideration thereof.

For this purpose the parties to the dispute will communicale to the Secretary

General, as promptly as possible, statements of their case with all the relevant facts and papers, and the Council may forthwith direct the publication thereof.

The Council shall endeavour to effect a settlement of the dispute, and if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute and the terms of settlement thereot as the

Council may deem appropriate.

If the dispute is not thus settled, the Council either unanimously or by a majority vote shall make and publish a report containing a statement of the tacts of the dispute and the recommendations which are deemed just and proper in regard

Any Member of the League represented on the Council may make public a state- ment of the facts of the dispute and of its conclusions regarding the same.

If a report by the Council is unanimously agreed to by the members thereof other than the Representatives of one or more of the parties to the dispute, the
- 194 —

[22]

Members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report.

If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice.

If the dispute between the parties is claimed by one of them, and is found by the

Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shati make no recommendation as to its settlement.

The Gouncil may in any case under this Article refer the dispute to the Assembly.

The dispute shall be so referred at the request of either party to the dispute, provid- ed that such request be made within fourteen days after the submission of the dispute to the Council.

case referred to the Assembly, all the provisions of this Article and of

Article 12 relating to the action and powers of the Council shall apply to the action and powers of the Assembly, provided that a report made by the Assembly, if concurred in by the Representatives of those Members of the League represented on the Council and of a majority of the other Members of the League, exclusive in each case of the Representatives of the parties to the dispute, shall have the same force as a report by the Council concurred in by all the members thereof other than the Representatives of one or more of the parties to the dispute.

ARTICLE 16.

Should any Member of the League resort to war in disregard of its covenants under Articles 12, 13 or 15, it shall ipso facto be deemed to have committed an act of war against all other Members of the League, which hereby undertake imme- diately to subject it to the severance of all trade or financial relations, the prohibition of all intercourse between their nationals and the nationals of the covenant-breaking tate, and the prevention of at f beaten the hapeven he covenantealing orate and the persoals of accous

State, whether a Member of the League or not.

It shall be the duty of the Council in such case to recommend to the several

Governments concerned what effective military, naval or air force the Members of the

League shall severally contribute to the armed forces to be used to protect the covenants of the League.

The Members of the League agree, further, that they will mutually support one another in the financial and economic measures which are taken under this Article, in order to minimise the loss and inconvenience resulting from the above measures,

the League.
[23]

- 195 —

Any Member of the League which has violated any covenant of the League may be declared to be no longer a Member of the League by a vote of the Council con- curred in by the Representatives of all the other Members of the League represented thereon.

ARTICLE 17.

In the event of a dispute between a Member of the League and a State which is not a Member of the League, or between States not Members of the League, the

State or States not Members of the League shall be invited to accept the obligations of membership in the League for the purposes of such dispute, upon such conditions deemed necessary by the Council.

Upon such invitation being given the Council shall immediately institute an inquiry into the circumstances of the dispute and recommend such action as may seem best and most effectual in the circumstances.

If a State so invited shall refuse to accept the obligations of membership in the

League for the purposes of such dispute, and shall resort to war against a Member of the League, the provisions of Article 16 shall be applicable as against the State taking such action.

If both parties to the dispute when so invited refuse to accept the obligations of membership in the League for the purposes of such dispute, the Council may take such measures and make such recommendations as will prevent hostilities and will result in the settlement of the dispute.

ARTICLE 18.

Every trealy or international engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered.

ARTICLE 19.

The Assembly may from time to time advise the reconsideration by Members of the

League of treaties which have become inapplicable and the consideration of interna- tional conditions whose continuance might endanger the peace of the world.

ARTICLE 20.

The Members of the League severally agree that this Covenant is accepted abrogating all obligations or understandings inter se which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter enter into any engagements inconsistent with the terms thereof.

In case any Member of the League shall, before becoming a Member of the

League, have undertaken any obligations inconsistent with the terms of this Covenant,
- 196 —

124]

il shall be the duty of such Member to take immediate steps lo procure its release from such obligations.

ARTICLE: 21.

• Nothing in this Covenant shall be deemed to affect the validity of international engagements, such as treaties of arbitration or regional understandings like the

Monroe doctrine, for securing the maintenance of peace.

ARTICLE 22..

To those colonies and territories which as a consequence of the lale ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yel able to stand by themselves under the stre- nuous conditions of the modern world, there should be applied the principle that the well-being and development of such peopies form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this

Covenant.

The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility, and who are willing lo accept it, and that this tutelage should be exercised by them as Mandatories on behalf of the League.

The character of the mandate must differ according to the stage of the develop- ment of the people, the geographical situation of the territory, its economic condi- tions and other similar circumstances.

Certain communities formerly belonging 1o the Turkish Empire have reached a stage of development where their existence as independent nations can be provision- ally recognised subject to the rendering of administrative advice and assistance by a

Mandatory until such time as they are able to sland alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.

Other peoples, especially those of Central Africa, are at such a stage that the Man- dalory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion, subject only lo the maintenance ot public order and morals, the prohibition of abuses such as the slave trade, the arms traffic and the liquor traffic, and the prevention of the establishment of fortifica- tions or military and naval bases and of military training of the natives for other than police purposes and the defence of territory, and will also secure equal opportunities for the trade and commerce of other Members of the League.

There are terrilories, such as South-West Africa and certain of the South

Pacific Islands, which, owing to the sparseness of their population, or their small size, or their remoleness from the centres of civilisation, or their geographical conti- guily to the territory of the Mandatory, and other circumslances, can be best admi-
[25]

- 197 -

nistered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous popu- In every case of mandate, the Mandatory shall render to the Council report in reference to the territory committed to its charge.

The degree of authority, control, or administration to be exercised by the Man- datory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.

A permanent Commission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating lo the observance of the mandates.

ARTICLE 23.

Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the Members of the League :

(a) will endeavour to secure and

maintain fair and humane conditions of

labour for men, women, and children, both in their own countries and in all countries to which their commercial and industrial relations extend, and for that purpose will establish and maintain the necessary international organisations ;

(6) undertake to secure just treatment of the native inhabitants of territories under their control ;

(c) will entrust the League with the general supervision over the execution of agreements with regard to the traffic in women and children, and the traffic in opium and other dangerous drugs;

(d) will entrust the League with the general supervision of the trade in arms and ammunition with the countries in which the control of this traffic is necessary in the common interest;

(e) will make provision to secure and maintain freedom of communications and of transit and equitable treatment for the commerce of all Members of the League. In this connection, the special necessities of the regions devastated during the war of 1914-1918 shall be borne in mind;

(/) will endeavour to take sieps in matters of international concern for the prevention and control of disease.

ARTICLE 24.

There shall be placed under the direction of the League all international bureaux already established by general trealies if the parties to such treaties consent. All such international bureaux and all commissions for the regulation of matlers of international interest hereafter constilated shall be placed under the direction of the

League.

50

TR. A.
- 198 —

{26]

In all matters of international interest which are regulated by general conventions but which are not placed under the control of international bureaux or commissions, the Secretariat of the League shall, subject to the consent of the Council and if desired by the parties, collect and distribute all relevant information and shallrender any other assistance which may be necessary or desirable.

The Council may include as part of the expenses of the Secretariat the expenses of any bureau or commission which is placed under the direction of the League.

ARTICLE 25.

The Members of the League agree to encourage and promote the establishment and co-operation of duly authorised voluntary national Red Cross organisations having as purposes the improvement of health, the prevention of disease and the mitigation of suffering throughout the world.

ARTICLE 26.

Amendments to this Covenant will take effect when ratified by the Members of the League whose Representatives compose the Council and by a majority of the

Members of the League whose Representatives compose the Assembly.

No such amendment shall bind

any Member of the League which signifies its

dissent therefrom, but in that case it shall cease to be a Member of the League.

ANNEX.

I. ORIGINAL MEMBERS OF THE LEAGUE OF NATIONS.

• UNITED STATES OF AMERICA.

BELGIUM.

BOLIVIA.

BRAZIL.

BRITISH EMPIRE.

CANADA.

AUSTRALIA.

SOUTH AFRICA.

NEW ZEALAND.

INDIA.

CHINA.

CUBA.:

ECUADOR.

FRANCE.

GREECE.

GUATEMALA.

HAITI.

HEDJAZ:

HONDURAS.

ITALX.

• JAPAN.

LIBERIA.

NICARAGUA.

PANAMA.

PERU.

POLAND.

PORTUGAL.

ROUMANIA.

SERB-CROAT-SLOVENE STATE.

SIAM.

CZECHO-SLOVAKIA.

URUGUAY.
[27]

- 199 -

STATES INVITED TO ACCEDE TO THE COVENANT.

ARGENTINE REPUBLIC.

CHILI.

COLOMBIA.

DENMARK.

NETHERLANDS.

NORWAY.

PARAGUAY.

PERSIA.

SALVADOR.

SPAIN.

SWEDEN.

SWITZERLAND.

VENEZUELA.

II. FIRST SECRETARY GENERAL

OF THE LEAGUE OF NATIONS.

The Honourable Sir James Eric DrummonD, K. C. M. G., C. B.

PART I.

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.) castwards to point 2915 (Alopaier Spilz), a line to be fixed on the ground passing through point 1 483 on the Reschen-Nau- ders 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 Winbach and Arabach ;

TR. A.

50.
__ 900 — i28]

thence east-south-eastwards to point 2050 ( Osternig) about 9 kilometres nor th- 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 kilomètres west of Thôrl), 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 Thérl 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 :817 (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 Jine to be fixed on the ground cutting the railway between Mallesug 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 , | à Une running approximately from south Lo north to be fixed on the ground ;

thence east-north-eastwards to à point to be chosen near point 725 about 10 ki- lometres north-west of Klagenfurt on the administrative bo undary between the districts of St. Veit and Klagenfurt, | E a line to be fixed on the ground passing through points 1069 (Taubenbühel), 1045 (Gallinberg) and 815 (F reudenberg) ;

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-castwards to the point on the Gurk where the administrative boundary of the district of Volkermarkt leaves that river, a line to be fixed on the ground passing through point 1076;
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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 Il of

Part III (Political Clauses for Europe):

From point :522 (Hühner Kogel) eastwards to point 9 1 7 (St. Lorenzen), a line to be fixed on the ground passing through point 1 330;

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 administrațive boundary meets the Mur, the above-mentioned 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

TR. A.
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130]

of the Radkersburg-Szentgotthard road and east of the villages of Nagylalva, Nemellak and Rabakeresztur;

thence in a general north-easterly direction to point 234 about 7 kilometres north- north-east of Pinkamindszent, outh of the villages of Zsamand., Nemeshikkos and Karaca, and belveen Nagya

a, and between Nagysa-

roslak and Pinkamindszent;

thence northwards to point 883 (Trött Kö) about g kilometres south-west of ast line to a five on the ground past of brumat and aching.

200 and 275, ther

thence north-eastwards to point 265 (Kamenje) about 2 kilometres south-east of

Nikitsch, lne to be tixed on the ground os mand, and noel vest of foreg a passie road from cose to salamonal an 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;

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 i kilometre west of Antonienhot (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, Nikelsdorl, D. Jahrndorf and Kittsee.

6. With the Czecho-Sloval State:

From the point above defined north-westwards to the bend of the old frontier of 1867 between Austria and Hungary about 2 1/2 kilometres north-east of Berg, a line to be fixed on the ground, cutting the Kittsee-Pressburg road about 2 kilo- metres north of Kittsee;
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thence northwards to a point to be selected on the principal channel of navigation of the Danube about 4 1/2 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 lo be selected about 2 kilometres south-east of the intersection of the

Rabensburg-Themenau road with the Rabensburg-Lundenburg railway;

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 above-mentioned administrative boundary;

thence westwards to a point to be selected about 3 kilometres east of the village of Franzensthal, thence southwards to point 498 (Gelsenberg) about 5 kilometres nortl-nor!!- west of Gmünd, a line to be fixed on the ground passing east of the Rottenschachen-Zuggers road and throngh points 537 and 522 (G. Nagel B.);

thence southwards and then west-north-westwards to a point on the old adminis- trative 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 Lainsit 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 68, (Lagerberg) ;

thence south-westwards the above mentioned administrative boundary ;

then northwestwards 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 August 3, 1914.

TR. A.

51.
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[32]

ARTICLE 28.

The frontiers described by the present Treaty are traced, for such parts as are delined, on the one in a million map attached to the present Treaty. In case of dillerences 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 desi- rable 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-setablishment 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 delined 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.

Il will, however, rest with the Boundary Commissions provided for by the present Trealy to specily 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 existance, geodetic dala, surveys completed but unpublished, and information concerning the changes of frontier

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.
133]

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ARTICLE 32.

The various States interested undertake to give assistance lo the Boundary

Commissions, whether directly or through local authorities, in everything that concerns transport, accommodation, labour, malerial (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

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.

PART III.

POLITICAL CLAUSES FOR EUROPE.

SECTION I.

ITALY.

ARTICLE 36.

Austria renounces, so far as she is concerned, in favour of Haly all rights and tille over the territory of the former Austro-Hungarian Monarchy situaled 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 castern frontier of Italy as subsequently determined.
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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 recognized 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 Monar- chy 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 (Eco- nomic 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

Austro-Hungarian Monarchy transferred to Italy or by public associations in that terri- tory 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 expenses 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

November 3, 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
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Government is substituted in all the rights which the Austrian Stale 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

The same shall apply to the rights of the former Austro-Hungarian Monarchy with regard to railway and tramway concessions within the above-mentioned 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 November 3, 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 organizations.

ARTICLe 44.

For a period of ten years from the coming into force of the present Trealy 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 November 3,

Austria further admits the right of Italy to the free use of the waters of Lake Paibl and its derivative water-course and to divert the said waters to the basin of the Kori- nitza.

ARTICLE 45.

(1) Judgments rendered since August 4, 1914, by the courts in the territory trans- ferred to Italy in civil and commercial cases between the inhabitants of such terri- tory 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

(2) All decisions rendered for political crimes or offences since August 4, 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 be 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

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

(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 ol Justice will be determined by a special convention between Italy and Austria.

SECTION II.

SERB-CROAT-SLOVENE STATE.

ARTICLE 46.

Austria, in conformily with the action already taken by the Allied and Associated

Powers, recognizes 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

Stale all rights and title over the territories of the former Austro-Hungarian Monarchy outside the frontiers of Austria as laid down in Article 27, Part Il (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 nominaled 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
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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 1o kilometres 1o the

east-north-east of Villach, south-

wards 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 i kilometre south- east of the railway bridge on the eastern branch of the hend 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-cast to point 1929 (Guchowa), the watershed between the basins of the Drave to the north and the Save tot e south;

thence north-east to point 1054 (Strojna), a line to be fixed on the ground following in a general manner the western boun dary 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 Kasparslein, a line to be fixed on the ground passing to the north of Lavamund;

thence as far as point 1899 (Speikkog!), the north-eastern administrative boundary of the district of Völkermarkl ;
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[38]

thence in a south-westerly direction an das 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 boun- dary 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 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 Klagenturt ;

thence as far as point 87i, which was the starting point of this description, a line to be fixed on the ground, passing through points 815 (Freudenberg), i045 (Gallinberg) and 106g (Taubenbühel).

ARTICLE 50.

With a view to the organisation of a plebiscite, the Klagenfurt area will be divid- ed 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 i kilometre lo 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 mem-
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bers 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

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 Trealy, 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 be 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 January 1, 1919;

(b) Has on January 1, 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 January 1, 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 the 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-Groat-Slovene Government may definitively establish its authority over the said territories.
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If the vote in the first or second zone is in favour of Austria, the Austrian Govern- ment, 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 Com- mission will terminate.

Expenditure by the Commission will be borne by Austria and the Serh-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-Groat-Slovene State further accepts and agrees to embody in a Trealy 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 Em- pire which the Serb-Groat-Slovene State will have to assume on account of the terri- tory 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 Trealy and which may arise in consequence of the cession of the said

SECTION ILl.

CZECHO-SLOVAK STATE.

ARTICLE 53.

Austria, in conformily with the action already taken by the Allied and Associaled

Powers, recognises the complete independence of the Czecho-Slovak State, which will include the autonomous territory of the Ruthenians to the south of the Carpa- thians.

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
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(Frontiers of Austria), and recognised in accordance withthe present Treaty as forming part of the Czecho-Slovaks 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, G, Pari II (Fron- tiers 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 lo crect 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 Stale 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 intereets 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 Em- pire 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 ana title over such portion of the former Duchy of Bukovina as lies within the fron- TR. A.
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[42]

tiers 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 Em- pire 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 (Finan- cial Clauses), of the present Treaty.

Subsequent agreements will decide all questions which are not decided by the present Trealy 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
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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 (perlmenza) within Austrian terri-

ARTICLE: 65.

All persons born in Austrian territory who are not born nationals of another State s hail ipso facto become Austrian nationais.

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 nalional in matters relating to the enjoyment of civil or political rights, as for instance admis- sion to public employments, functions and honours, or the exercise of professions and industries.

languagestion deal be imposed on the fe ise you lute pres oil of any.

alions of any kind, or at public meetings.

Notwithstanding any establishment by the Austrian Government of an oflicial language, adequate facilities shall be given lo 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 al 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 syslem in lowns 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 instruc- TR. A.

54.
tion 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 natio- nals 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 obli- gations 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 withold 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 Govern- ment 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.

fort peror precio, i lot time section in periory hich
— 217 —

obtain ipso jaclo 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 May 24,1915, 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 :

in such territories, or

(6) 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 sove- reignty over the territory in which they possessed rights of citizenship before acquir- ing 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 recognized 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 citizen- ship after January 1, 2g1o, 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-Siovak nationality without a permit from the Serb-Croat-Slovene

State or the Czecho-Slovak State respectively.

TR. A.

55
- 218 -

[46]

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 national- ity 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 child- ren under 18 years of age.

Persons who have exercised the above right to opt must within the succeeding

Iwelve 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 Stale where they had their place of residence before exercising their right to

They may carry

with them their movable property

of every description.

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 lo 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 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 exer- cising 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 exer- cise of the right which the persons concerned have under the present Treaty, or under
[47]

-219-

trealies 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 othe rationality which may be open 1o 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, recognizing that the Treaties of April 19, 183g, which established the status of Belgium before the wai, no longer conform to the requirements of the situa- tion, consents so far as she is concerned to the abrogation of the said treaties and undertakes immediately to recognize 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 183g. If her formal adhesion should be required to such conventions or lo 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 régime 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.

Tr. A.

56.
- 220 -

3. SCHLESWIG.

148]

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 abandonnient was imposed upon Denmark by the Treaty of October 30, 1864.

4. TURKEY AND BULGARIA.

ARTICLE 86.

Austria undertakes to recognize and accept so far as she is concerned all arrange- ments which the Allied and Associated Powers may make with Turkey and with

Bulgaria with reference to any rights, interests and privileges whatever which might he 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

August 1, 1914.

In accordance with the provisions of Article 2iO, 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 oblain from Austria restitution and reparation based on the principles of the present Treaty.

2. Austria undertakes to recognize 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 inlo existence in future in the whole or part of the former Empire of

Russia as it existed on August 1, 1914, and to recognize the frontiers of'any such

Stales as determined therein.
49]

- 221 -

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 lo 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-Croal-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 addi- tional conventions which have been or may be concluded by the Allied and Asso- ciated 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 concer- ning the territories of the former German Empire, of Hungary, of the Kingdom of

Bulgaria and of the Ouoman Empire, and to recognize 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

Associaled Powers in regard to these territories, particularly in so far as concerns the nationality of the inhabitants.
- 222 -

150]

ARTICLE 92.

No inhabitant of the territories of the former Austro-Hungarian Monarchy shail be disturbed or molested on account either of his political attitude between July 28, 1914.

and the definitive settlement of the sovereignly over these lerritories, or of the determination of his nationality effected by the present Trealy.

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 belong- ing to the civil, military, financial, judicial or other forms of administration in the ceded territories. If any one of these documents, archives, registers, tille-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 inconve- nience to such administrations, Austria undertakes, subject lo reciprocity, lo give access thereto lo the Allied and Associated Governments concerned.

ARTICLE 94.

Separate conventions between Austria and each of the States lo 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 in- terests of the inhabitants, especially in connection with their civil rights, their com- merce and the exercise of their professions.

PART IV.

AUSTRIAN INTERESTS OUTSIDE EUROPE.

ARTICLE 95.

In territory outside her frontiers as fixed by the present Trealy 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,
[51

- 223 —

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 eflect.

SECTION I.

MOROCCO.

ARTICLE 96.

Austria renounces so far as

she is concerned all rights, titles and privileges con-

ferred on her by the General Act of Algeciras of April 7, 1906, and by the Franco- German Agreements of February 9, 1909 and November 4, 1911.

All treaties,

agreements, arrangements and contracts concluded by the former Austro-Hungarian

Monarchy with the Sherifian Empire are regarded as abrogated as from August 12, 1914.

In no case can Austria avail herself of these acts and she undertakes not to inter- vene in any way in negoliations 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 recognized by the Government of the former Austro-Hungarian Monarchy, and she renounces so far as she is concerned the régime of the capitulations in Morocco.

This renunciation shall take elfect as from August 12, 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 esta- blish themselves there.

Austrian protected persons, semsars and "associés agricoles" shall be considered to have ceased, as from August 12, 1914, to enjoy the privileges attached to their status and shall be subject to the ordinary law.

ARTICLE 99.

All movable and immorable property in the Sherifian Empire belonging to the former Austro-Hungarian Monarchy passes ipso facto to the Maghzen without compen- TR. A.

56.
- 224 -

[52]

For this purpose, the properly and possessions of the former Austro-Hungarian

is one alte property to con, and the print.

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 lo Austrian nationals by the

Court of Arbitration set up under the Moroccan Mining Regulations shall be treated in the same way as properly in Morocco belonging to Austrian nationals.

ARTICLE 100.

The Austrian Goverument shall ensure the transfer to the person nominated by the 'rench Government of the shares representing Austri'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 December 18, 1914, and that she renounces so far as she is con- cerned the régime of the capitulations in Egypt.

This renunciation shall take effect as from August 12, 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 August 12, 1g14.

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.
[53]

- 225 - ARTICLE 104.

Until an Egyptian law of judicial organization 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 November 28, 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 October 29, 1888, relaling 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-fungarian

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 1o Austrian nationals shall be dealt with in accordance with Sections Ill 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.

57

TR. A.
- 226 -

[541

SECTION I.

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, privileges derived therefrom, including all rights of extraterritorial juris- diction, terminated as from July 22, 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 pre- sent Treaty.

ARTICLE 112.

waives all claims against the Siamese Government on behalt 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
{55]

- 227 -

September 7, 1901, and from all annexes, notes and documents supplementary thereto. She likewise renounces in favour of China any claim to indemnitiés accruing thereunder subsequent to August 14, 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 August 2g, 1902, regarding the new Chinese customs tariff;

prisonal aragemenary seember 37 April. earing Whang Poo, and the

China, however, will not be bound to grant lo Austria the advantages or privi- leges 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 build- ings, 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 properly 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 Trealy, remain parties to the Final Prolocol of

September 7, 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.

TR. A.
- 228 —

156]

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 August 14, 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.

PART V.

• MILITARY, NAVAL AND AIR GLAUSES.

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.

Vithin three months from the coming into force of the present Treaty, the mill ary forces of Austria shall be demobilised to the extent prescribed hereinafter
[57]

- 229 - 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 enlist- ment.

CHAPTER II.

EFFECTIVES AND CADRES OF THE AUSTRIAN ARMY.

ARTICLE 120.

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 mini- mum 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 thal 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 Seclion; 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, administralive services or stalls include supplementary cadres.

58

IR. A.
— 230 —

158]

The carrying out of any preparatory measures with a view to requisitioning ani- mals 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 pre- sent 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 nol 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 I.

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 conse- cutive 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 pro- vided 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 al least 6 years with the colours.
[5g]

- 231

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 ofticers. 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 be 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 Trealy, 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.

TR. A.
- 232 -

160]

ARTICLE 131.

The number and calibre of guns constituting the fixed normal armament of forti- lied places existing at the present moment in Austria shall be immediately notified to the

Principal Allied and Associated Powers, and will constitule maximum amounts which must not be exceeded.

Within three months from the coming into force of the present Treaty the maximum slock of ammunition for these guns shall be reduced to and maintained al the following uniform rates:

1500 rounds per gun for those the calibre of which is 105 mm. ard 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, muni- lions or any other war material shall be closed down or converted to purely com- mercial 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 com- mercial purposes in accordance with the decisions of the Military Inter-Allied Com- mission 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 whalever origin, existing in Austria in excess of the quantity authorised shall be handed over lo the Principal Allied and Associated Powers.
- 233 -

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 malerial.

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 uf 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 pro- ducts 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.

MAXIMUM EFFECTIVES

OF EACH UNIT.

UNITS.

Officers.

Men.

Headquarters of an Infantry Division.

Headquarters of Divisional Infantry.

Headquarters of Divisional Artillery.

3 Regiments of infantry (1) (on the basis of 65 officers and 2,000 men per regiment).

‹ Squadron......

• Battalion of Trench Artillery (3 Companies).

1 Baltation of Pioneers (2) (3 Companies)...

Regiment Field Artillery (3)...

• Battalion Cyclists (comprising 3 Companies)

1 Signal Delachment (4)..

Divisional medical corps..

Divisional parks and trains...

TotaL for an Infantry Division..

195 6 14 14.

80 18 11 28 141

70 50 30 6,000 160 500 500 1,200 450 330 550 940

414 10,780

(1) Each Regiment comprises 3 Ballalions of infantry. Eacho Baltilion comprises 3 Companics of infantry and e Machine gun Company.

(3) Eacle Baltalion comprises 1 Healquarters, a Pioncer Companies, 1 Brilging Section, 1 Searchlight Section.

in Eund End miners ice or Holgingers, Group: Group: of lickl or Mounlain Artilery, comprising Balocies Balcies; cach balicry compris-

(4) This Delachment comprises : telephone detacliment, a listening seclion, 1 carrior pigeon section.

TR. A.

59
(63]

- 235 -

TABLE IV.

MINIMUM EFFECTIVES OF UNITS WHATEVER ORGANISATION IS ADOPTED IN THE ARMY,

(Divisions, Mixed Brigades, etc.)

UNITS.

Infantry Division.

Cavalry Division.

Mixed Brigade...

Regiment of Infantry.

Battalion of Infantry

Company of Infantry or Machine-gun

Cyclist Group.

Regiment of Cavalry

Squadron of Cavalry..

Regiment of Field Artillery.

Battery of Field Artillery..

Company of Trench Mortars.

Battalion of Pioneers..

Battery of Mountain Artillery.

MAXIMUM EFFECTIVES

(for reference.)

OFFICERS.

414 250 198 65 16 18 30 80 4 14 5

MEN.

10,780 5,380 5,350 2,000 650 160 450 720 160

1,200 150 150 500 320

MINIMUM EFFECTIVES.

OFFICERS.

300 180 140 52 12 2 12 20 60

MEN.

8,000 3,650 4,250 1,600

500

120

300

450

100 1,000 120 100

300

200

TABLE V.

VAXIMUM AUTHORISED ARMAMENTS AND MUNITION SUPPLIES.

MATERIAL.

Rifles or Carbines (1) ..

Machine guns, heavy or light.

Trench Mortars, light...

Trench Mortars, medium ..

Gun: or howitzers (field or mountain)..

QUANTITY

for 1,000 MEN.

1,150 15

AMOUNT

of

MUNITIONS

per arm (rifles, guns, etc.).

500 rounds.

10,000 rounds.

1 000 rounds.

500 rounds.

1,000 rounds.

(1) Aulorcatic rifles or carbines are counted as light machine guns.

No heavy gun, i. e. of u calibre greater than 1o0 mm. is authorised, with the exception of the normal armament of fortified pla-es.

TR. A.

5g.
- 236 -

[64]

SECTION I.

NAVAL CLAUSES.

ARTICLE 136.

From th dale of the coming into force of the present Treaty all Austro-Hungarian warships, submarines included, are declared to be finally surrendered to the Prin- cipal Allied and Associated Powers.

All the monitors, lorpedo 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-flungarian auxiliary cruisers and fleet auxiliaries enumerated below will be disarmed and treated as merchant ships :

Bosnia.

Gablonz®

Carolina.

Africa.

Tirol.

Argentina.

Lussin.

Tendo.

Nixe.

Gigante.

Dalmal.

Persia.

Prince Hohenlohe.

Gastein.

Helouan.

Graf Wurmbrand.

Pelikan.

Herkules.

Pola.

Najade.

Pluto.

President Wilson (ex-Kaiser Franz

Joseph).

Trieste.

Baron Bruck.

Elizabel.

Melcavich.

Baron Gall.

Gaea.

Cyclop.

Vesla.

Nymphe.

Buffel.

ARTICLE 138.

Il warships, including submarines, now under construction in Austrian ports, or n ports which previously belonged lo the Austro-flungarian Monarchy, shall be broken up.
[65]

- 237 -

The work of breaking up these vessels will be commenced as soon as possible alter 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 ex- cept for purely industrial or commercial purposes.

They may not be sold or disposed of 1o 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 torpe- does, which belonged to Austria-Hungary at the date of the signature of the Armi- stice of November 3, 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 1'11), the disarm- ment (Article 137), the demolition (Article 138), as well as the disposal (Article 137 ind the use (Article 139) of the objects mentioned in the preceding Articles only s far as these remain in her own territory.

ARTICLE 143.

During the three months following the coming into force of the present Trealy, 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 in- terest to Austria, or any Stale 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.

TR. A.

60
-238 -

166]

SECTION III.

AIR CLAUSES.

ARTICLE 144.

Thefarmed forces of Austria must not include any mililary or naval air forces.

No dirigible shall be kept.

ARTICLE 145.

Within two months from the coming into force of the present Trealy, 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 Associaled 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, repair- ed or assembled.
[67]

- 239-

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 Lydrogen; 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 apparalus, 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 tor 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 ofthe

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 tha

Principal Allied and Associated Powers.

The above-mentioned 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 commu-

nicate 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 al 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.

TR. A.

60.
- 240 —

168]

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 lo ensure the execution of their mission, and all means (both in personnel and in material) which the above-mentioned 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 transform- ation of material, which are to

be carried out in accordance with the present

Treaty.

ARTICLE 154.

Il 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, explorives, 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 ofthe Aeronautical Inter-Allied Commission of Control lo make an inventory of the aeronautical material which is actually in the possession
[69]

- 241 —

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 manu- facture 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.

lained 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 November 3, 1918 : paragraphs 2 and 3 of Chapter I (Military Clauses), paragraphs 2, 3, 6 of Chapter I of the annexed

Protocol (Mililary 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 measuresto prevent Austrian nationals from leaving her territory 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
— 242 —

training thereof, or generally for the purpose of giving military, naval or air instruc- tion 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 lo any investigation which the Council of the League of Nations, acting if need be by a majority vote, may consider necessary.

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 be 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 represen- tatives 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 exclu-
- 243 -

sively 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 relurned 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 person- nel as considered necessary by the Commission referred to in Article 161.

ARTICLE 164.

lor olence of yar did pline dil eating drepeal or undergoing telec their sentence or of the proceedings pending against them.

This stipulation shall not apply to prisoners of war and interned civilians pu- nished for offences committed subsequent lo June 1; 1919.

During the period pending their repatriation, all prisoners of war and interned civilians shall remain subject 1o 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 them- selves the right either to repatriate them or to take them to a neutral country or to allow them to reside in their own territories.

61.
- 244 —

[72]

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 evéry facility to Commissions lo enquire into the cases of those who 'annot be traced; to furnish such Commissions with all necessary means of transport

d all other places; and to place a

heir disposal all occams pither oublic or private which vould facilitat

(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 ibe date of the cuming 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 authorilies.

ARTICLE 170.

The High Contracting Parties waive reciprocally all repayment of sums due for the maintenance of prisoners of war in their respective territories.
173

- 245 -

SECTION II.

GRAVES.

ARTICLE 171.

The Allied and Associaled Governments and the Austrian Government will cause • lo 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.

TR. A.
- 246 -

[74]

PART VIl.

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 viola- tion 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

nolwithstanding 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 co request, all persons accused of having committed an act in violation of the laws and customs of war, who are specified either by name the rank, office or employment which they held under the Austrian

ARTICLE 174.

Persons guilly 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 mem- bers of the military tribunals of the Powers concerned.

In every case the accused will be entitled to name his own counsel.

ARTICLE 175.

1 he Austrian Government undertakes to furnish all documents and information of every kind, the production of which may be considered necessary lo ensure the full knowledge of the incriminating acts, the discovery of offenders and the just appreciation of responsibility.

ARTICLE 176.

The provisions of Articles 173 to 175 apply similarly to the Governments of the

States to which territory belonging to the former Austro-Hungarian Monarchy has
175]

- 247 -

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 lake, at the request of the Power con- cerned and in agreement with it, all the measures necessary to ensure the prosecutio n and punishment of such persons.

PART VIII.

REPARATION.

SECTION 1.

GENERAL PROVISIONS.

ARTICLE

177.

The Allied and Associated Governments affirm and Austria accepts the responsi- bility of Austria and her allies for causing the loss and damage to which the Allied and Associaled Governments and their nationals have been subjecled as a conse- quence of the war imposed upon them by the aggression of Austria-Hungary and her

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 Trealy, lo 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.

TR. A.

62.
- 248 —

176]

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 reulting 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 Commis- sion 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 May 1, 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 discre- tion 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 May 1, 1921, from time to time con- sider 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 Govern- ments represented on the Commission.

ARTICLE 181.

of lusti hal pay in the cou and the year act a and the lin four ali, ships, securities or otherwise) as the Reparation Commission may lay down, a reasonable sum which shall be determined by the Commission.

Out of this

the expenses of the armies of occupation subsequent to the Armis- tice of November 3, 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
177]

— 249 -

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 Il hereto.

ARTICLE 182.

Austria further agrees to the direct application of her economic resources to repa- ration as specified in AnnexesIlI, 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 salis- faction 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 in 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 il proves possible to identify them on territory belonging to, or during the execution of the present Trealy in the possession of, Austria or her allies.

ARTICLE 185.

The Austrian Government undertakes to make forthwith the restitution contem- plated 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 accor- dance with Annex II, and agrees irrevocably to the possession and exercise by such

Commission of the power and authority given lo it under the present Trealy.
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 mate-

rials and manufactured articles of Austria and her nationals, and further any intor- mation 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 Com- mission 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 Ill and IV of Part X (Economic Clauses) of the present

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 IIl and IV of Part X

Economic Clauses) of the present Treaty;

) amounts due to Austria in respect of transters provided for in l'art IX 1 ncial Clauses) and in Part XIl (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 pro- vision in the present Treaty, is regulated by Annex VI hereto.
[79]

- 251 -

ANNEX 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, depor- . tation, internment or evacuation, of exposure at sea, or of being forced to labour) wherever arising, and to the surviving dependants 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 dependants 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 mem- bers of the air force, whether mutilated, wounded, sick or invalided, and to the dependants 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 May 1, 1919.

(6) The cost of assistance by the Governments of the Allied and Associated Powers to pri- •soners of war, to their families and dependants.

(7) Allowances by the Governments of the Allied and Associated Powers to the families and dependants 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 Govern- ment 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 mate- rials, which has been carried off, seized, injured, or destroyed by the acts of Austria or her
— 252 —

[80]

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.

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, Romania, the Serb- Croat-Slovene State and Czecho-Slovakia.

The United States of America,

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 sub-paragraph of paragraph 3 hereafter. At the time when each Delegate is appointed ings 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 shali have this right on all occasions other than those referred to

The Delegate of Japan will have this right when questions relating to damage at under consideration.

The Delegate representing the five remaining Powers

meritioned 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 ulter giving twelve months' nolice 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 1o 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, Rounania, the Serb-Croat-Slovene State and Czecho- Slovakia. This composition of the Section shall in no way prejudge the admissi- bility of any claims.

In voting, the representatives of the United States of America, Greal

Britain, France and Italy shail cach have two votes.
181]

- 253 -

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 a 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.

Ases oh a sace or ali, seal lion or ate as or as postagade, Asistant

Delegate or

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 Trealy, and thereafter will meet in such place or places and at such time as may be deemed conve- nient 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; 1o 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 proccedings of the Commission shall be private unless on particular occasions the Commission shall otherwise determine for special reasons.

9.

The Commission shall be required, it the Austrian Government so desire, to heat 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 Gommission shall consider the claims and give to the Austrian Government a just opportunity to be heard, but not to take any part whaterer in the decisions of the Com- mission. The Commission shall afford a similar opportunity to the allies of Austria when it shall consider that their interests are in question.

TR. A.
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1821

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 pre- sent 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 condi- tions 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.

(6) In periodically estimating Austria's capacity to pay the Commission shall examine the

Austrian system of taxatio, nfirst, 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 repre- sented on the Commission.

The Reparation Commission shall receive instructions to take account of : (1) the actual "conomic 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 Trealy. 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.

(°) The Commission shall, as provided in Article 181, take from Austria, by way of secu- rity for and acknowledgment of her debt, gold bearer bonds free of all laxes or charges of every description established of 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
183

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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 May 1, 1921, without interest,

There shall be specially applied to the amortisation of these bonds the payments which Austria is pledged to makein 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 materials. Such bonds as may not have been redeemed by May 1, 1921, shall then be exchanged for new bonds of the same type as those provided for below (para- graphe 12, (c) 2).

(2) A second issue in bearer bonds bearing interest at 2 1/2 per cent. betwen 1g21 and 1 g26, and thereafter at 5 per cent. with an additional 1 per cent. for amortisation begin- ning in 1g26 on the whole amount 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 per cent., the time and inode 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 issuc, management and regulation of the bond issue shall be determined by the Commission from time to lime:

Further issues by way of acknowledgment and security may be required as the Commis- sion subsequently determines from time to time.

In case the Reparation Commission should proceed to fix definitely and no longer provi- sionally 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 been issued in excess of this sum.

outright, not by way of pledge, to persons other than the several Governments in whose lavour Austria's original reparation indebtedness was created, an amount of such repara- lion 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 (e) The damage for repairing, reconstructing and rebuilding property situated in the invaded and devastated distriets, including re-installation of furniture, machinery and other equipment, will be calculated according to the cost at the date when the work is done.

(S) 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 voles of all the Delegates entitled to vote, or in the absence of any of thens, of their assistant Delegates, shall be recorded.

TR. A.

64.
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[84]

Abstention from voting is to be treated as a vote against the proposal under discussion. Asses- sors 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, nego- tiating or distributing such bonds;

(e) Any postponement, total or partial, beyond the end of 1g30, of the payment of instal- ments falling due between May 1, 1921, and the end of 1g26 inclusive;

(al) Any postponement, total or partial, of any instalments falling due alter 1926 for a period oxceeding three years;

(e) Questions of applying in any particular case a method of measuring damages different fiom that which has been previously applied in a similar case;

(A) 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 Conumission, 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 Com- mission shall fix:

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 May 1, 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.
185]

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The rate of interest shall be 5 per cent. unless the Commission shall determine at some future time that circumstances justify a variation of this rafe.

The Commission, in fixing on May 1, 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 November 11, 1918, up to May 1, 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 conse- quence of such default as it may think necessary.

18.

The measures which the Allied and Associated Powers shall have the right to lake, 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 Asso-

ciated 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.

TR. A.

65
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186]

23.

When all the amounts due from Austria and her allies under the present Treaty the decisions of the Commission have been discharged, and all sums received, or their equi- valents, have been distributed to the Powers interested, the Commission shall be dissolved.

ANNEX 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) ty 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:
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(b) take all measures that may be indicated by the Reparation Commission for ensuring that the ships themselves shall be placed at its disposal.

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

nals and which can be identified.

With a view to make good the loss in inlandnavigation tonnage from whatever cause aris- ing 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 per cent. of the river fleet as it existed on November 3, 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 régime applicable to certain river systems or from the territorial changes affect- ing 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 Govern- ments and their nationals in respect of the detention, employment, loss or damage of any

Austrian ships or boats.

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, notwith- standing 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.

1.

The Allied and Associated Powers require and Austria undertakes that in part satisfac tion of her obligations expressed in this Part she will, as hereinafter provided, devote her
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188]

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, consurned or destroyed by Austria, or destroyed in direct consequence of military operations, and which such Governinents, 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;

i6) 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 manufac tured 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 December 31, 1 gig.

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 shail 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

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 per cent. 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 capacily to furnish the said materials, articles and animals.
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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 spe- cified in the said communication, and the interested Allied and Associated Governments seve- rally 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 amo unt 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 ROMANIAN

GOVERNMENT.

1,000 milch cows of from 3 to 5 years;

500 heifers;

25 bulls from 18 months to 3 years;

TR. A.

66
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19o]

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 ter- ritory 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.

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 sime 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 noliceto the Austrian Government of the foregoing options, the Commission shall give at least 120 days' notice of deliveries to be made after

January 1, 1g3o, and at least 30 days' notice of deliveries to be made between the coming into fores of the present Treaty and January 1, 1920. If the Commission shall determine that the full exercise of the foregoing uptions 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.

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 ot 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 work- ing of the said cables.

As regards the cable from Trieste to Corfu, the Italian Government shall enjoy in its rela- tions with the company owning this cable the same position as that held by the Austro-tun- garian 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 Il.

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 nalure as those referred to in the preceding Article which may have been taken away

June 1, 1914, from the ceded territories, with the exception of objects bought from private owners.
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The Reparation Commission will apply to these objects the provisions ofArticle 208, 'Part IX (Financial Clauses), of the present Treaty, if these are appropriate.

ARTICLE 193.

Austria will give up to cach 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 (1 86 1).

. 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 execule the obligations referred to in Article 15 of the Treaty of Zurich of November 10, 1859, in Article 18 of the Treaty of Vienna of October 3, 1866, and in the Convention of Florence of July 14, 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

Trealy 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 Ilaly. 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 laken by the Reparation Commission as the result of the report of the said Committee.

ARTICLE 196.

With regard to all obiects of artistic acter forming part of collections which formerly belonged to the forsome ha
[93]

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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 o: any objects belonging thereto which ought to form part of the intellectual patrimony of the ceded districts may be retur- ned to their districts of origin on terms of reciprocily, and (b) for twenty years, unless a special arrangement is previously arrived at, 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 availa- ble, 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.

- TUSCANY.

The Grown 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

MODENA.

A "Virgin" by Andrea del Sarto and four drawings by Correggio belonging to the Pina- cothek of Modena and removed in 1 85g by Duke Francis V.

The three following MSS. belonging to the Library of Modena: Biblia Vulgata (Cod. Lat.

carried off by Duke Francis V in 185g.

The bronzes carried off under the same circumstances in 185g.

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 June 20, 1868, and other objects given up in 1872 in the same circum- stances.

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.
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(94]

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 I.

I. The Triptych of S. Ildephonse, by Rubens, from the Abbey of Sain:-Jacques sur

Cowdenberg at Brussels, bought in 1777 and removed to Vienna.

II. Objects anddocuments removed for safely from Belgium to Austria in 1794:

(a) Arms, armour and other objects from the old Arsenal of Brussels.

la Co 'he Truste of the Toison d'or"

preserved in previous times in the "Chapelle de

c Coinage, sential feature, inate ar chives of the Chanebre des Compres at Brusce, Which were al (d) The original manuscript copies of the " carte chorographique" of the Austrian Low

Countries drawn up by Lieut.-General Comte Jas de Ferraris between 1 770 and 1777, and the documents relating thereto.

ANNEX 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 Gourt Museum at Vienna.

ANNEX IV.

(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.