- 267 -

(2) The documents originally belonging to the Royal Aulic Chancellory of Bohemia and the

Aulic Chamber of Accounts of Bohemia, and the works of art which formed part of the instal- lation of the Royal Chateau of Prague and other royal castles in Bohemia, which were removed by the Emperors Mathias, Ferdinand II, Charles VI (aboui 1718, 1723 and 1737) and

Francis Joseph I; all of which are now in the archives, Imperial castles, museums and other central public institutions at Vienna.

PART IX.

FINANCIAL CLAUSES.

ARTICLE 197.

Subject to such exceptions as the Reparation Commission may make, the first charge upon all the assets and revenues of Austria shall be the cost of reparation and all other costs arising under the present Treaty or any treaties or agreements supplementary thereto, or under arrangements concluded between Austria and the

Allied and Associated Powers during the Armistice signed on November 3, 1918.

Up to May 1, 1921, the Austrian Government shall not export or dispose of, and shall forbid the export or disposal of, gold without the previous approval of the Allied and Associated Powers acting through the Reparation Commission.

ARTICLE 198.

There shall be paid by the Government of Austria the total cost of all armies of the Allied and Associaled Governments occupying territory within the boundaries of Austria as defined by the present Trealy from the date of the signature of the

Armistice of November 3, 1g18, including the keep of men and beasts, lodging and billeting, pay and allowances, salaries and wages, bedding, heating, lighting, clothing, equipment, harness

and saddlery, armament and rolling-stock, air ser-

vices, treatment of sick and wounded, veterinary and remount services, transport services of all sorts (such as by rail, sea, or river, motor-lorries), communications and correspondence, and, in general, the cost of all administrative or technical services the working of which is necessary for the training of troops and for keeping their numbers up to strength and preserving their military efficiency.

The cost of such liabilities under the above heads, so far as they

relate to pur-

chases or requisitions by the Allied and Associated Governmenls

the occupied

TR. A.
- 268 —

[96]

territory, shall be paid by the Austrian Government to the Allied and Associated

Governments in crowns or any legal currency of Austria which may be substituled for crowns at the current or agreed rate of exchange.

All other of the above costs shall be paid in the currency of the country to which the payment is due.

ARTICLE 199.

Austria confirms the surrender of all material handed over or to be handed over 1o the Allied and Associated Powers in accordance with the Armistice of Novem- ber 3, 1918, and subsequent Armistice Agreements, and recognises the title of the Allied and Associated Powers to such material.

There shall be credited to Austria, against the sums due from her to the Allied and

Associated Powers for reparation, the value, as assessed by the Reparation Commis- sion, of such of the above material for which, as having non-military value, credit should, in the judgment of the Reparation Commission, be allowed to Austria.

Property belonging to the Allied and Associated Governments or their nationals restored or surrendered under the Armistice Agreements in specie

ARTICLE 200.

The priority of the charges established by Article 197 shatt, subject to the qualifi- cations made in the last paragraph of this Article, be as follows :

(a) the cost of the armies of occupation, as defined under Article 198, during the Armistice;

(c) the cost of reparation arising out of the

present Treaty

or any treaties or

conventions supplementary thereto;

(d) the cost of all other obligations incumbent on Austria under the Armistice

Conventions or under this Treaty or any treaties or conventions supplementary

The payment for such supplies of food and raw material for Austria and such other payments as may be judged by the Principal Allied and Associated Powers 1o be essential to enable Austria to meet her obligations in respect of reparation shall have priority to the extent and upon the conditions which have been or may be determined by the Governments of the said Powers.

ARTICLE 201.

The right of each of the Allied and Associated Powers to dispose of enemy assets
— 269 -

and property

within its jurisdiction at the date of the coming into force of the

present Treaty is not affected by the foregoing provisions.

ARTICLE 202.

Nothing in the foregoing provisions shall prejudice in any manner charges or mortgages lawfully effected in favour of the Allied and Associated Powers or their nationals respectively before the date at which a state of war existed between Austria- Hungary and the Allied or Associated Power concerned by the former Austrian

Government or by nationals of the former Austrian Empire on assets in their ownership at that date, except in so far as variations of such charges or mortgages are specifically provided for under the terms of the present Treaty or any treaties or agreements supplementary thereto.

ARTICLE 203.

1. Each of the States to which territory of the former Austro-Hungarian Mon- archy is transferred, and each of the States arising from the dismemberment of that

Monarchy, including Austria, shall assume responsibility for a portion of the debl of the former Austrian Government which is specifically secured on railways, salt mines or other property, and which was in existence on July 28, 1914. The portion to be so assumed by each State shall be such portion as

in the opinion of the

Reparation Commission represents the secured debt in respect of the railways, sall mines and other properties transferred to that State under the terms of the present

Treaty or any treaties or agreements supplementary thereto.

basis as the Commission may

consider equitable, and the value so ascertained

shall be deducted from the amount payable by the State in question to Austria in respect of property of the former or existing Austrian Government which the State acquires with the territory. Each State shall be solely responsible in respect of that portion of the secured debt for which it assumes responsibility under the terms of this Article, and holders of the debt for which responsibility is assumed by States other than Austria shall have no recourse against the Government of any other State.

Any property which was specifically pledged to secure any debt referred to in this Article shall remain specifically pledged to secure the new debt.

But in case

the property so pledged is situated as the result of the present Treaty in more than one State, that portion of the property which is situated in a particular State shall constitute the security only for that part of the debt which is apportioned to that

State, and not for any other part of the debt.

For the purposes of the present Article there shall be regarded as secured debt payments due by the former Austrian Government in connection with the purchase of railways or similar property; the distribution of the liability for such payments will be determined by the Reparation Commission in the same manner as in the case

• of secured debt.

TR. A.

68
Debts for which the responsibility is transferred under the terms of this Article shall be expressed in terms of the currency of the State assuming the responsibility, if the original debt was expressed in terms of Austro-Hungarian paper currency.

For the purposes of this conversion the currency of the assuming State shall be valued in terms of Austro-Hungarian paper kronen at the rate at which those kronen were exchanged into the currency of the assuming State by that State when it first substituted its own currency

for Austro-Hungarian kronen. The basis of this

conversion of the currency unit in which the bonds are expressed shall be subject to the approval of the Reparation Commission, which shall, if it thinks fit, require the

State effecting the conversion to modify the terms thereof. Such modification shall only be required if, in the opinion of the Commission, the foreign exchange value of the currency unit or units substituted for the currency unit in which the old bonds are expressed is substantially less at the date of the conversion than the foreign exchange value of the original currency unit.

If the original Austrian debt was expressed in terms of a foreign currency or foreign currencies, the new debt shall be expressed in terms of the same currency or currencies.

If the original Austrian debt was expressed in terms of Austro-Hungarian gold coin, the new debt shall be expressed in terms of equivalent amounts of pounds sterling and gold dollars of the United States of America, the equivalents being cal- culated on the basis of the weight and the fineness of gold of the three coins as enacted by law on January 1, 1914.

Any foreign exchange options, whether at fixed rates or otherwise, embodied explicitly or implicitly in the old bonds shall be embodied in the new bonds also.

2. Each of the States to which territory of the former Austro-Hungarian Mon- archy is transferred, and each of the States arising from the dismemberment of that

Monarchy, including Austria, shall assume responsibility for a portion of the unse- cured bonded debt of the former Austrian Government which was in existence on

July 28, 1914, calculated on the basis of the ratio between the average for the three financial years 1911, 1912, 1913, of such revenues of the distributed ter- ritory and the average for the same years of such revenues of the whole of the former

Austrian territories as in the judgment of the Reparation Commission are best calculated to represent the financial capacity of the respective territories. In making the above calculation, the revenues of Bosnia and Herzegovina shall not be included.

The responsibilities in respect of bonded debt to be assumed under the terms of this Article shall be discharged in the manner laid down in the Annex hereto.

The Austrian Government shall be solely responsible for all the liabilities of the former Austrian Government incurred prior to July 28, 1914, other than those evi- denced by the bonds, bills, securities and currency notes which are specifically provided for under the terms of the present Treaty.

Neither the provisions of this Article nor the provisions of the Annex hereto shall apply to securities of the former Austrian Government deposited with the Austro- Hungarian Bank as securily for the currency notes issued by that bank.
— 272 —

bond was expressed in terms of Austro-Hungarian gold coin, the new bond shall be expressed in terms of equivalent amounts of pounds sterling and gold dollars of the United States of

America, the equivalents being calculated on the basis of the weight and fineness of gold of the three coins as enacted by law on January 1, 1914.

Any foreign exchange options, whether at fixed rates or otherwise, embodied explicitly or implicitly in the old bonds shall be embodied in the new bonds also.

Each State which under the terms of Article 203 is required to assume responsibility for a portion of the old unsecured Austrian Government Debt, which has ascertained by means of slamping the old Austrian bonds that the bonds of any particular issue of such old Austrian bonds held within its territory were larger in amount than the amount of that issue for which it is held responsible in accordance with the assessment of the Reparation Commission, shall receive from the Reparation Commission its due proportionate share of each of the new issues of bonds issued in accordance with the provisions of this Annex.

Holders of unsecured bonds of the old Austrian Government Debt held outside the tandaried, or he states to hi foe try or the former Authl gorin yo marchy is

Austria, shall deliver through the agency of their respective Governments to the Reparation

Commission the bonds which they hold, and in exchange therefor the Reparation Com- mission shall deliver

to them certificates entitling them to their due proportionate share of

each of the new issues of bonds corresponding to and issued in exchange for their surrendered bonds under the provisions of this Annex.

The share of each State or private holder entitled to a share in any new issue of bonds issued in accordance with the provisions of this Annex shall bear such proportion to the total amount of bonds of that new issue as the holding of the State or private owner in question of the old issue of bonds bears to the total amount of the old issue presented to the Reparation

Commission for exchange into new bonds in accordance with the provisions of this Annex.

Each such participating State or private holder will also be entitled to its or his due propor- tionale share of the new bonds issued under the terms of the Treaty with Hungary in exchange for that portion of the former Austrian Government debt for which Hungary accepted liability under the additional Convention of 1907.

The Reparation Commission shall, if it think fit, arrange with the holders of the new bonds provided for by this Annex a consolidation loan of each debtor State, the bonds of which loan shall be substituted for the various different issues of new bonds on such terms as may be agreed upon by the Commission and the bondholders.

The State assuming liability for any bond of the former Austrian Government shall assume any liability attaching to the bond in respect of unpaid coupons or sinking fund instal- ments accrued since the date of the coming into force of the present Treaty.

ARTICLE 204.

1. In case the new boundaries of any States, as laid down by the present Trealy, shall divide any local area which was a single unit for borrowing purposes and which had a legally constituled public debt, such debt shall be divided between the new divisions of the area in a proportion to be determined by the Reparation Commission in accordance with the principles laid down for the re-apportionment of Government debts under Article 203, and the responsibility so assumed shall be discharged in such a manner as the Reparation Commission shall determine.
2. The public debt of Bosnia and Herzegovina shall be regarded as the debl of a local area and nol as part of the public debt of the former Austro-Hungarian Monarchy.

ARTICLE: 205.

Within two months of the coming into force of the present Treaty, each one of the Stales to which territory of the former Austro-Hungarian Monarchy is transferred and each one of the States arising from the dismemberment of that Monarchy, includ- ing Austria, shalt, if it has not already done so, stamp with the stamp of its own Gor- ernment the securities of various kinds which are separately provided for, represen- ling the bonded war debt of the former Austrian Government as legally constituted prior 1o October 27, 1918, and existing in their respective territories.

The securities thus stamped shall be withdrawn and replaced by certificates, their distinguishing numbers shall be recorded, and any securities withdrawn, together with the documents recording the transaction, shall be sent to the Reparation Commission.

The stamping and replacement of a security by a certificate under the provisions of this Article shall not imply that the State so stamping and replacing a security thereby assumes or recognizes any obligation in respect of it, unless the State in question desires that the stamping and replacement should have this implication.

The aforementioned States, with the exception of Austria, shall be free from any obligation in respect of the war debt of the former Austrian Government, wher- ever that debt may be held, but neither the Governments of those States nor their nationals shall have recourse under any circumslances whatever against any other

States including Austria in respect of the war debt bonds of which they or their nationals are the beneficial owners.

The war debt of the former Austrian Government which was prior to the signa- ture of the present Treaty in the beneficial ownership of nalionals or Governments of

Stales other than those to which territory of the former Austro-Hungarian Monarchy is assigned shall be a charge upon the Government of Austria only, and no one of the other States afore-mentioned shall be held responsible for any part thereoff

The provisions of this Article shall not apply to the securities of the former

Austrian Government deposiled by that Government with the Austro-Hungarian

Bank as security for the currency notes of the said bank.

The existing Austrian Government shall be solely responsible for all the liabilities of the former Austrian Government incurred during the war, other than those evi- denced by the bonds, bills, securities and currency notes which are specifically provided for under the terms of the present Trealy.

ARTICLE 206.

1. Within two months of the coming into force of the present Trealy, each one of the States lo which territory of the former Austro-Hungarian Monarchy is trans-
- 274 —

1102]

ferred, and cach one of the States arising from the dismemberment of that

Monarchy, including Austria and the present Hungary, shall, if it has not already done so, stamp with the stamp of its own Government the currency notes of the Austro- Hungarian Bank existing in its territory.

2. Within twelve months of the coming into force of the present Trealy, cach one of the States to which territory of the former Austro-Hungarian Monarchy is transferred, and each one of the States arising from the dismemberment of that Mon- archy, including Austria and the present Hungary, shall replace, as it may think it, the stamped notes referred to above by its own or a new currency.

3. The Governments of such States as have already converted the currency poles of the Austro-Hungarian Bank by stamping or by the issue of their own or a new currency, and in carrying out this operation have withdrawn, without stamping them, a portion or all of the currency notes circulating in their territory, shall either stamp the notes so withdrawn or hold them at the disposal of the Reparation Commission.

1. Within fourteen months of the coming into force of the present Treaty, those

Governments which have replaced notes of the bank by their own or new currency, in accordance with the provisions of this Article, shall transter do the Reparation

Commission all the notes, stamped or unstamped, of the bank which have been withdrawn in the course of this replacement.

5. All noles transferred to the Reparation Commission under the provisions of this Article shall be dealt with by that Commission in accordance with the provisions of the Annex hereto.

6. The Austro-Hungarian Bank shall be liquidated as from the day succeeding the day of the signature of this Treaty.

7. The liquidation shall be conducted by receivers specially appointed for that purpose by the Reparation Commission.

In conducting the liquidation of the bank,

the receivers shall follow the rules laid down in the Statutes or other valid instruments regulating the constitution of the bank, subject however to the special provisions of this Article. In the case of' any doubt arising as to the interpretation of the rules concerning the liquidation of the bank, whether laid down in these Articles and

Annexes or in the Statutes of the bank, the decision of the Reparation Commission or any arbitrator appointed by it for that purpose shall be final.

8. The currency

noles issued by the bank subsequent 1o October 27,1918,

shall have a claim on the securities issued by the Austrian and Hungarian Govern- ments, both former and existing, and deposited with the bank by those Governments as security for these notes, but they shall not have a claim on any other assets of the

9. The currency notes issued by the bank on or prior to October 27, 1918, in so far as they are entitled to rank at all in conformity with this Article), shall
-275 -

all rank equally as claims against all the assets of the bank, other than the Austrian and Hungarian Government securities deposited as security for the various note issues.

10. The securities deposited by the Austrian and Hungarian Governments, both former and existing, with the bank as security for the currency notes issued on or prior to October 27, 1918, shall be cancelled in so far as they represent the notes converted in the territory of the former Austro-Hungarian Monarchy as it existed on July 28, 1914, by States to which territory of that Monarchy is transferred or by Stales arising from the dismemberment of that Monarchy, includ- ing Austria and the present Hungary.

I1. The remainder of the securities deposited by the Austrian and Hungarian

Governments, both former and existing, with the bank as security for the currency notes issued on or prior to October 27, 1918, shall be relained in force as security for, and in so far as they represent, the notes issued on of prior to October 27, 1918, which on June 15, 191g, were outside the limits of the former Austro- Hungarian Monarchy as it existed on July 28, 1914, that is to say, firstly, all notes of this description which are presented to the Reparation Commission in accordance with paragraph 4 of this Article, and secondly all notes of this description which may be held elsewhere and are presented to the receivers of the bank in accordance with the Annex herelo.

12. No claims on account of any other currency notes issued

on or prior lo

October 27, 1918, shall rank either against the general assets of the bank or against the securities deposited by the Austrian and Hungarian Governments, both former and existing, as securily for the notes, and any balance of such securities re- maining after the amount of securities mentioned in paragraphs 1o and 11 has heen calculated and deducted shall be cancelled.

13. All securities deposited by the Austrian and Hungarian Governments, both former and existing, with the bank as security for currency note issues and which are maintained in force shall be the obligations respectively of the Governments of Aus- tria and the present Hungary only and not of any other Stales.

14. The holders of currency notes of the Austro-Hungarian Bank shall have no recourse against the Governments of Austria or the present Hungary or any other

Government in respect of any loss which they may suller as the result of the liqui- dation of the bank.

ANNEX.

1.

The respective Governments, when transmitting to the Reparation Commission all the currency notes of the Austro-Hungarian Bank withdrawn by them from circulation in accord

6g.

TR. A.
- 276-

ance with the terms of Article 206, shall also deliver to the Commission all the records howing the nature and amounts of the conversions which they have effected

2.

rumentspate certilicates lating the totalamount of corency notes which the hoverament

shall deliver to the said Gov.

hese certificates will entitle the bearer to lodge a claim with the receivers of the bank fe irrency notes thus converted which are entitled to share in the assets of the ban

3.

After the liquidation of the bank is completed, the Reparation Commission shall destroy the notes thus withdrawn.

4.

No notes issued on or prior to October 27, 1918, wherever they may be held, will rank as claims against the bank unless they are presented through the Government of the country in which they are held.

ARTICLE 207.

Each one of the States to which territory of the former Austro-Hungarian Mon- archy is transferred, and each one of the States arising from the dismemberment of that Monarchy, including Austria, shall deal as it thinks fit with the petty or token coinage of the former Austro-Hungarian Monarchy exisling in ils territory.

No such State shall have any recourse under any circumstances, on behalf either of ilself or of its nationals, against any other Stale with regard to such petty or token

ARTICLE 208.

States to which territory of the former Austro-Hungarian Monarchy is transferred and States arising from the dismemberment of that Monarchy shall acquire all properly and possessions situated within their territories belonging to the former or existing Austrian Government.

l'or the purposes of this Article, the property and possessions of the former of existing Austrian Government shall be deemed to include the property of the former

Austrian Empire and the interests of that Empire in the joint property of the

Austro-Hungarian Monarchy, as well as all the property of the Crown, and the private properly of members of the former Royal Family of Austria-Hungary.

These States shall, however, have no claim to any property of the former or existing

Government of Austria situated outside their own respective territories.
1105]

_ 277 _

The value of such property and possessions acquired by States other than Austria shall be fixed by the Reparation Commission and placed by that Commission to the credit of Austria and to the debit of the State acquiring such property on account of the sums due for reparation. The Reparation Commission shall deduct from the value of the public property thus acquired an amount proportionate to the con- tribution in money, land or material made directly by any province or commune or other autonomous local authority towards the cost of such property.

Without prejudice to Article 203 relating to secured Debt, in the case of each

State acquiring property under the provisions of this Article, the amount placed to the credit of Austria and to the debit of the said State in accordance with the preced- ing paragraph shall be reduced by the value of the amount of the liability in respect of the unsecured Debt of the former Austrian Government assumed by that

State under the provisions of Article 203 which, in the opinion of the Reparation

Commission, represents expenditure upon the property so acquired. The value shall be fixed by the Reparation Commission on such basis as the Commission may con- sider equitable.

Properly of the former and existing Austrian Governments shall be deemed to include a share of the real property in Bosnia-Herzegovina of all descriptions for which, under Article 5 of the Convention of February 26, 1 gog, the Government of the former Austro-Hungarian Monarchy paid a T. 2,500,000 to the Ottoman

Such share shall be proportionate to the share which the former

Austrian Empire contributed to the above payment, and the value of this share, as assessed by the Reparation Commission, shall be credited to Austria on account of

As exception to the above there shall be transferred without payment:

(1) the property and possessions of provinces, communes and other local auto- nomous institutions of the former Austro-Hungarian Monarchy, including those in

Bosnia-Herzegovina which did not belong to the former Austro-Hungarian Mon-

(2) schools and hospitals the property of the former Austro-Hungarian Mon- archy;

(3) forests which belonged to the former Kingdom of Poland.

Further, any building or other property situated in the respective territories trans ferred to the States referred to in the first paragraph whose principal value lies in its historic interest and associations, and which formerly belonged to the Kingdom of

Bohemia, the Kingdom of Poland, the Kingdom of Croatia-Slavonia-Dalmatia, Bos- nia-Herzegovina, the Republic of Ragusa, the Venetian Republic or the Episcopal

Principalities of Trient and Bressanone, may, subject to the approval of the Repa- ration Commission, be transferred to the Government entitled thereto without payment.

ARTIcLe 209.

Austria renounces, so far as she is concerned, all rights accorded to her or her nationals by treaties, conventions or agreements, of whatsoever kind, to representa-

7°

TR. A.
تم 278 .

tion upon ol participation in the control or administration of commissions, state banks, agencies or other financial or economic organisations of' an international cha- racter exercising powers of control or administration and operating in any of the Allied or Associated States, or in Germany, Hungary, Bulgaria or Turkey, or in the dependencies of these Stales, or in the former Russian Empire.

ARTICLE 210.

1. The Austrian Government agrees to deliver within one month from the coming into force of the present Treaty to such authority as the Principal Allied and Asso- ciated Powers may designate the sum in gold deposited in the Austro-Hungarian

Bank in the name of the Council of the Administration of the Ottoman Public Debt as security for the first issue of Turkish Government currency notes.

2. Without prejudice to Article 244, Part X (Economic Clauses), of the present

Treaty, Austria renounces

so far as she is concerned any benefit disclosed by the

Treaites of Bucharest and Brest-Litovsk and by the Treaties supplementary thereto.

Austria undertakes to transfer either to Roumania or to the Principal Allied and

Associated Powers, as the case may be, all monetary instruments, specie, securities "and negotiable instruments or goods which she has received under the aforesaid

3. The sums of money and all securities, instruments and goods, of whatsoever nature, to be delivered, paid or transterred under the provisions of this Article, shall be disposed of by the Principal Allied and Associated lowers in a manner hereatter to be determined by those Powers.

4. Austria recognises any transfer of gold provided for by Article 259 (5) of the

Trealy of Peace concluded at Versailles on June 28, 1019, between the Allied and

Associated Powers and Germany, and any transfer of claims provided for by

Article 261 of that Treaty.

ARTICLE 211.

Without prejudice to the renunciation of any rights by Austria on behalf of herself or of her nationals in the other provisions of the present Treaty, the Reparation Com- mission may, within one year from the coming into force of the present Trealy, demand that Austria become possessed of any rights and interests of her nationals in any public utility undertaking or in any concession operating in Russia, Turkey,

Germany, Hungary or Bulgaria, or in the possessions or dependencies of these

Stales, or in any territory formerly belonging to Austria or her allies to be transferred by Austria or her allies to any State, or to be administered by a mandatory under any

Treaty entered into with the Allied and Associated Powers, and may require that the

Austrian Government transler, within six months of the date of demand, 1o the Re- paration Commission all such rights and interests and any similar rights and interests owned by the former or existing Austrian Government.

Austria shall be responsible for indemnifying her nationals so dispossessed, and the
[107]

-279 m

Reparation Commission shall credit Austria on account of sums due for reparation with such sums in respect ofthe value of the transferred rightsand interests as may be assessed by the Reparation Commission, and Austria shall, within six months from the coming into force of the present Treaty, communicate to the Reparation Commission all such rights and interests, whether already granted, contingent or not yet exercised, and shall renounce on behalf of herself and her nationals in favour of the Allied and

Associated Powers all such rights and interests which have not been so communicated.

ARTICLE 212.

Austria undertakes to refrain from preventing or impeding such acquisition by the

German, Hungarian, Bulgarian or Turkish Gorernments of any rights and interests of German, Hungarian, Bulgarian or Turkish nationals in public utility undertakings or concessions operating in Austria as may be required by the Reparation Commis- sion under the terms of the Treaties of Peace or supplementary treaties or conven- lions concluded between the Allied

and Associated Powers and the German,

Hungarian, Bulgarian or Turkish Governments respectively.

ARTICLE: 213.

Austria undertakes to transfer lo the Allied and Associated Powers favour of the former or existing Austrian Governments to payment or reparation by the Governments of Germany, Hungary, Bulgaria or Turkey, and in particular all claims which may arise now or hereafter in the fulfilment of undertakings made after July 28, 1g14, until the coming into force of the present Treaty.

The value of such claims shall be assessed by the Reparation Commission, and shall be transferred to the Reparation Commission for the credit of Austria on account of the sums due for reparation.

ARTICLE 214.

Any monetary obligation arising out of the present Treaty and expressed in terms of gold kronen shall, unless some other arrangement is specifically provided for in any particular case under the terms of this Treaty

or of treaties or conventions

supplementary thereto, be payable at the option of the creditors in pounds sterling payable in London, gold dollars of the United States of America payable in New York gold francs payable in Paris, or gold fire payable in Rome.

For the purposes of this Article, the gold coins mentioned above shall be delined as being of the weight and fineness of gold as enacted bylaw on January 1, 1914.

ARTICLE 215.

Any hinancial adjustments, such as those relaling to any banking and insurance companies, savings banks, postal savings banks, land banks, morgage companies or
1100]

other similar institutions, operating within the territory of the former Austro-Hunga- rian Monarchy, necessitated by the partition of that Monarchy and the resettlement of public debts and currency provided for by these Articles, shall be regulated by agreement belween the various Governments concerned in such a manner as shall best secure equitable treatment to all the parties interested. In case the Govern- ments concerned are unable to come to an agreement on any question arising out of this financial adjustment, or in case any Government is of opinion that its na- tionals have not received equitable treatient, the Reparation Commission shall, on the application of any one of the Governments concerned, appoint an arbitrator or arbitrators, whose decision shall be final.

ARTICLE 216.

The Government of Austria shall be under no liability in respect of civil or mili- lary pensions granted to nationals of the former Austrian Empire who have been recognized as nationals of other States or who become so under the provisions of the present Treaty.

PART X.

ECONOMIC CLAUSES.

SECTION I.

COMMERCIAL RELATIONS.

CHAPTER I.

CUSTOMS REGULATIONS, DUTIES AND, RESTRICTIONS.

ARTICLE 217.

Austria undertakes that goods the produce or manufacture of any one of the

Allied or Associated States imported into Austrian territory, from whatsoever place arriving, shall not be subjected to other or higher duties or charges (including inter-
- 281 -

nal charges) than those to which the like goods the produce or manufacture of any other such State or of any other foreign country are subject.

Austria will not maintain or impose any prohibition or restriction on the import- ation into Austrian territory of any goods the produce or manufacture of the territories of any one of the Allied or Associated States, from whatsoever place arriving, which shall not equally extend to the importation of the like goods the produce or manu- facture of any other such State or of any other foreign country.

ARTICLE 218.

Austria further undertakes that, in the matter of the régime applicable on import- ation, no discrimination against the commerce of any of the Allied and Associated

States as compared with any other of the said States or any other foreign country shall he made, even by indirect means, such as customs regulations or procedure, methods of verification or analysis, conditions of payment of duties, tariff classification or interpretation, or the operation of monopolies.

ARTICLE 219.

In all that concerns exportation, Austria undertakes that goods, natural products or manufactured articles, exported from Austrian territory

• to the territories of any

one of the Allied or Associated States, shall not be subjected to other or higher duties or charges (including internal charges) than those paid on the like goods exported to any other such State or to any other foreign country.

Austria will not maintain or impose any prohibition or restriction on the expor- tation of any goods sent from her territory to any one of the Allied or Associated

States which shall not equally extend to the exportation of the like goods, natural products or manufactured articles, sent to any other such State or to any other foreign

ARTICLE 220.

Every favour, immunity, or privilege in regard to the importation, exportation or transit of goods granted by Austria to any Allied or Associated State or to any other foreign country whalever shall simultaneously and unconditionally, without request and without compensation, be extended to all the Allied and Associated States

ARTICLE: 221.

By way of exception to the provisions of Article 286, Part XII (Ports, Water- ways and Railways), products in transit by the ports which before the war were sit-

71
- 282 —

[u0]

uated in territory of the former Austro-Hungarian Monarchy shall, for a period of three years from the coming into force of the present Treaty, enjoy on importation into Austria reductions of duty corresponding with and in proportion to those applied to such products under the Austro-Hungarian Customs Tariff of

February 13, 1906, when imported by such ports.

ARTICLE 222.

Notwithstanding the provisions of Articles 217 to 220, the Allied and Associated

Powers agree that they will not invoke these provisions to secure the advantage of any arrangements which may be made by the Austrian Government with the Govern- ments of Hungary or of the Czecho-Slovak State for the accord of a special customs régime to certain natural or manufactured products which both originate in and come from those countries, and which shall be specified in the arrangements, provided that the duration of these arrangements does not exceed a period of five years from the coming into force of the present Treaty.

ARTICLE 223.

During the first six months after the coming into force of the present Treaty, the duties imposed by Austria on imports from Allied and Associated States shall not be higher than the most favourable duties which were applied to imports into the former Austro-Hungarian Monarchy on July 28, 1914.

During a further period of thirty months

after the expiration of the first six

months this provision shall continue to be applied exclusively with regard to the importation of fruits (fresh and dried), fresh vegetables, olive oil, eggs, pigs and pork products, and live poultry, in so far as such products enjoyed at the above mentioned date (July 28, 1g14) rates conventionalised by Treaties with the Allied or

Associated Powers.

ARTICLE 224.

(1) The Czecho-Slovak State and Poland undertake that for a period of fifteen years from the coming into force of the present Treaty they will not impose on the exportation to Austria of the products of coal mines in their territories any export duties or other charges or

restrictions on exportation different from or more

onerous than those imposed on such exportation to any other country.

(2) Special agreements shall be made, between the Czecho-Slovak State and

Poland and Austria as to the supply of coal and of raw materials reciprocally.

(3) Pending the conclusion of such agreements, but in no case during more than three years from the coming into force of the present Treaty, the Czecho
[111]

... 283 —

Slovak State and Poland undertake that no esport duty or other restrictions of any kind shall be imposed on the export to Austria of coal or lignite up to a reasonable quantity to be fixed, failing agreement between the States concerned, by the Repar- ation Commission. In fixing this quantity the Reparation Commission shall take into supplied before the war to present Austrian territory from Upper Silesia and from the territory of the former Austrian Empire transferred to the Czecho-Slovak State and Poland in accordance with the present Treaty, and the quantities now available for export from those countries.

Austria shall in return furnish to the Czecho-

Slovak State and Poland supplies of the raw materials referred to in paragraph (2)

in accordance with the decisions of the Reparation Commission.

(4)" The Czecho-Slovak State and Poland further undertake during the same period to take such steps as may be necessary to ensure that any such products shall be available for sale to purchasers in Austria on terms as favourable as are applicable to like products sold under similar conditions to purchasers in the Czecho-Slovak

State or Poland respectively or in any other country.

(5) In case of disagreement in the execution or interpretation of' any of the above provisions the Reparation Commission shall decide.

CHAPTER II.

SHIPPING.

- ARTICLE 225.

The High Contracting Parties agree to recognise the flag flowu by the vessels of any Contracting Party having no sea-coast, which are registered at some one specified place situated in its territory; such place shall serve as the port of registry of such vessels.

CHAPTER HI.

UNFAIR COMPETITION.

ARTICLE 226.

Austria undertakes to adopt all the necessary legislative and administrative measures to protect goods the produce or manufacture of any one of the Allied and Asso- ciated Powers from all forms of unfair competition in commercial transactions.

IR. A.

71.
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[112]

Austria undertakes to prohibit and repress by seizure and by other appropriate remedies the importation, exportation, manufacture, distribution, sale or offering for sale in her territory of all goods bearing upon themselves or their usual get-up or wrappings any marks, names, devices or descriptions whatsoever which are calculated to convey directly or indirectly a false indication of the origin, type, nature or special characteristics of such goods.

ARTICLE 227.

Austria undertakes, on condition that reciprocity is accorded in these matters, to respect any law, or any administrative or judicial decision given in conformity with such law, in force in any Allied or Associated State and duly communicated to her by the proper authorities, defining or regulating the right to any regional appellation in respect of wine or spirits produced in the State to which the region belongs or the conditions under which the use of any such appellation may be permitted; and the importation, exportalion, manufacture, distribution, sale or offering for sale of pro- ducts or articles bearing regional appellations inconsistent with such law or order shall be prohibited by the Austrian Government and repressed by the measures pre- scribed in the preceding Article.

CHAPTER IV:

TREATMENT OF NATIONALS OF ALLIED AND ASSOCIATED POWERS.

ARTICLE 228.

Austria undertakes:

(a) not to subject the nationals of the Allied and Associated Powers to any prohi- bition in regard to the exercise of occupations, professions, trade and industry, which shall not be equally applicable to all aliens without exception;

(b) not to subject the nationals of the Allied and Associated Powers in regard to the rights referred to in paragraph (a) to any regulation or restriction which might contravene directly or indirectly the stipulations of the said paragraph, or which shall be other or more disadvantageous than those which are applicable to nationals of the most favoured nation;

(c) not to subject the nationals of the Allied and Associated Powers, their property, rights or interests, including companies and associations in which they are interested, to any charge, tax or impost, direct or indirect, other or higher than those which are or may be imposed on her own nationals or their properly, rights or interests;

(d) not to subject the nationals of any one of the Allied and Associated Powers
[u3]

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to any restriction which was not applicable on July 1, 1914, lo the nalionals of such Powers unless such restriction is likewise imposed on her own nationals.

ARTICLE 229.

The nationals of the Allied and Associated Powers shall enjoy in Austrian territory a constant protection for their persons and for their property, rights and interests, and shall have free access to the courts of law.

ARTICLE 230.

Austria undertakes to recognise any new nationality which has been or may be acquired by her nationals under the laws of the Allied and Associaled Powers, and in

severed their allegiance to their country of origin.

ARTICLE 231.

The Allied and Associated Powers may appoint consuls-general, consuls, vice- consuls and consular agents in Austrian towns and ports.

Austria undertakes to

approve the designation of the consuls-general, consuls, vice-consuls and consular agents, whose names shall be notified to her, and to admit them to the exercise of their functions in conformity with the usual rules and customs.

CHAPTER V.

GENERAL ARTICLES.

ARTICLE 232.

The obligations imposed on Austria by Chapter I above shall cease to have effect five years from the date of the coming into force of the present Treaty, unless otherwise provided in the text, or unless the Council of the League of Nations shall, at least. twelve months before the expiration of that period, decide that these obligations shall be maintained for a further period with or withoul amendment.

Nevertheless it is agreed that unless the League of Nations decides otherwise an

Allied or Associaled Power shall not after the expiration of three years from the coming into force of the present Treaty be entitled to require the fulfilment by Austria of the provisions of Articles 217, 218, 219 or 220 unless that Power accords corre- lalive treatment lo Austria.
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[114]

Article 228 shall remain in operation, with or without amendment, after the pe- riod of five years for such further period, if any, not exceeding five years, as may be determined by a majority of the Council of the League of Nations.

ARTICLE 233.

.. If the Austrian Government engages in international trade, it shall not in respect thereof have or be deemed to have any rights, privileges or immunities of sovereignly.

SECTION II.

TREATIES.

ARTICLE 234.

From the coming into force of the present Trealy and subject to the provisions thereof the multilateral Treaties, Conventions and Agreements of an economic or technical character concluded by the former Austro-Hungarian Monarchy and enu- merated below and in the subsequent Articles shall alone be applied as between

Austria and those of the Allied and Associated Powers party thereto:

(1) Conventions of March 14, 1884, December 1, 1886, and March 23, 1887, and Final Protocol of July 7, 1887, regarding the protection of submarine cables.

(2) Convention of October 11, 1gog, regarding the international circulation of molor-cars.

(3) Agreement of May 15, 1886, regarding

the sealing of railway trucks

subject to customs inspection, and Protocol of May 18, 1907.

(4) Agreement of May 15, 1886, regarding the technical standardisation of

(6) Convention of April 25, 1907, regarding the raising of the Turkish customs tariff.

(7) Convention of March 14, 1857, for the redemption of Toll dues on the

Sound and Belts.

(8) Convention of June 22, 1861, for the redemption of the Stade Toll ou the Elbe.

(9) Convention of July 16, 1863, for the redemption of the Toll dues on the Scheldt.

10) Convention of October 39. 1888, regarding the establishment of a lelinite arrangement guaranteeingthe tree use of the Suez Canal
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(11) Conventions of September 23, 1gro, respecting the unification of certain regulations regarding collisions and salvage at sea.

(12) Convention of December 21; 1g04, regarding the exemption of hospital ships from dues and charges in ports.

(13) Convention of September 26, 1906, for the suppression of nightwork for women.

(14) Conventions of May 18, 1904, and May 4, 1910, regarding the suppression of the White Slave Traffic.

(15) Convention of May 4, Ig1o, regarding the suppression of obscene publications.

ventions signed on January and March 19, 1897.

(17) Convention of May 20, 1875, regarding the unification and improve- ment of the metric system.

(18) Convention of November 29, 1906, regarding the unification of phar- macopcial formula for potent drugs.

(19) Convention of November 16 and 1g, 1885, regarding the establish- ment of a concert pitch.

(20) Convention of June 7, 1905, regarding the creation of an International

Agricultural Institule at Rome.

(21) Conventions of November 3, 1881, and April 15, 188g, regarding precautionary measures against phylloxera.

(22) Convention of March 19, 1g02, regarding the protection of birds useful to agriculture.

(23) Convention of June 12, 1902, regarding the guardianship of minors.

ARTICLE 235.

From the coming into force of the present Treaty the High Contracting Parties shall apply the conventions and agreements hereinafter mentioned, in so far as concerns them, Austria undertaking to comply with the special stipulations container in this Article.

Postal Conventions:

Conventions and agreements of the Universal Postal Union concluded at Vienna,

July 4, 1891.

Conventions

and agreements of the Postal Union signed at Washington,

June 15, 1897.

Conventions and

agreements of the Postal Union signed at Rome, May 26.

1906.

Telegraphic Conventions :

International Telegraphic Conventions signed al St. Petersburg, July 10/23, 1875

TR. A.
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[116]

Regulations and Tariffs drawn up by the International Telegraphic Conference,

Lisbon, June 11, 1908.

Austria undertakes not to refuse her assent to the conclusion by the new Stales of the special arrangements referred to in the Conventions and Agreements relating lo the Universal Postal Union and to the International Telegraphic Union, to which the said new States have adhered or may adhere.

ARTIL: 236.

From the coming into force of the present Treaty the High Contracting Parties shall apply, in so far as concerns them, the International Radio-Telegraphic Conven- tion of July 5, 1912, Austria undertaking to comply with the provisional regu- lations which will be indicated to her by the Allied and Associated Powers.

convention shall bind Austria, even if Austria should reluse either to take part in drawing up the convention, or lo subscribe thereto.

This new convention will likewise replace the provisional regulations in force.

ARTICLE 237.

The International Convention of Paris

March 20, 1883, for the

protection of industrial property, revised at Washington on June 2, 1911, and the Agreement of April 14, 18g1, concerning the international

registration of

trade marks shall be applied as from the coming into force of the present Treaty, so far as they are not affected or modified by the exceptions and restrictions resulting therefrom.

ARTICLE 238.

From the coming

into force of the present Treaty the High Contracting Parties

shall apply, in so

concerns them, the Convention of the Hague of

July 17, 1905, relating to civil procedure. This provision, however, will not apply to France, Portugal and Romania.

ARTICLE 239.

Austria undertakes, within twelve months of the coming into force of the present

Treaty, to adhere in the prescribed form to the International Convention of Berne of

September 9,1886, for the protection of literary and artistic works, revised at

Berlin on Norember 13, 1908, and completed by the additional Protocol signed at Berne on March 20, 1914, relating to the protection of literary and artistic works.

Until her adherence, Austria undertakes to recognise and protect by effective measures and in accordance with the principles of the said Convention the literary and artistic works of nationals of the Allied and Associated Powers.
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In addition, and irrespective of the above-mentioned adherence, Austria undertakes lo continue to assure such recognition and such protection lo all literary and artistic works of the nationals of each of the Allied and Associated Powers to an extent at least as great as upon July 28, 1914, and upon the same conditions.

ARTICLE 240.

Austria undertakes to adhere to the following Conventions :

(1) Convention of September 26, 1906, for the suppression of the use of white phosphorus in the manufacture of matches.

(2) Convention of December 31, 1913, regarding the unification of com- mercial statistics.

ARTICLE 241.

Each of the Allied or Associated Powers, being guided by the general principles or special provisions of the present Treaty, shall

notify to Austria the bilateral

agreements of all kinds which were in force between her and the former Austro-Hunga- rian Monarchy, and which she wishes should be in force as between her and Austria.

The notification referred to in the present Article shall be made either directly or through the intermediary of another Power.

Receipt thereof shall be acknowledged

in writing by Austria.

The date of the coming into force shall be that of the notifi-

cation.

The Allied and Associaled Powers undertake among themselves not to apply as between themselves and Austria any agreements which are not in accordance with the terms of the present Treaty.

The notification shall mention any provisions of the said agreements which, not being in accordance with the terms of the present Treaty, shall not be considered as coming into force.

In case of any difference of opinion, the League of Nations will be called on to decide.

A period of six months from the coming into force of the present Treaty is allowed 1o the Allied and Associated Powers within which to make the notification.

Only those bilateral agreements which have been the subject of such a notification shall be put in force between the Allied and Associated Powers and Austria.

The above rules apply to all bilateral agreements existing between any Allied and

Associaled Powers signatories to the present Trealy and Austria, even if the said

Allied and Associated Powers have not been in a slate of war with Austria.

ARTICLE 242.

Austria hereby recognizes that all treaties, conventions or agreements concluded by her, or by the former Austro-Flungarian Monarchy, with Germany, Hungary,

Bulgaria or Turkey since August 1, 1914, until the coming into force of the present

Treaty are of no effect.

ARTICLE 243.

Àustria undertakes to secure to the Allied and Associated Powers, and to the offi-
_ 290 —

cials and nationals of the said Powers, the enjoyment of all the rights and advantages of any kind which she, or the former Austro-Hungarian Monarchy, may have granted 1o Germany, Hungary, Bulgaria or Turkey, or to the officials and nationals of these

States by treatics, conventions or arrangements concluded before August 1, 1914, so long as those treaties, conventions or arrangements are in force.

The Allied and Associated Powers reserve the right lo accept or not the enjoyment of these rights and advantages.

ARTICLE 244.

Austria recognises that all treaties, conventions or arrangements which she, or the former Austro-Hungarian Monarchy, concluded with Russia, or with any State or

Government of which the territory previously formed a part of Russia, or with loumania, before July 28, 1914, or after that date until the coming into forc of the present Treaty, are of no effect

ARTICLE 245.

Should an Allied or Associated Power, Russia, or a State or Government of which the territory formerly constituted a part of Russia, have been forced since July 28, 1914, by reason of military occupation or by any other means or for any other cause, to grant or to allow to be granted by the act of any public authority, conces- sions, privileges and favours of any kind to the former Austro-Hungarian Monarchy, or to Austria or to an Austrian national, such concessions, privileges and favours arc ipso facto annulled by the present Treaty.

No claims or indemnities which may result from this annulment shall be charged against the Allied or Associated Powers or the Powers, States, Governments or public authorities which are released from their engagements by the present

ARTICLE 246.

From the coming into force of the present Treaty Austria undertakes, so far as she is concerned, to give the Allied and Associated Powers and their nationais the benefit ipso facto of the rights and advantages of any kind which she or the former Austro-Hungarian Monarchy has granled by treaties, conventions, or arran- gements to non-belligerent States or their nationals since July 28, 1914, until or arrangements are in force for Austria.

ARTICLE 247.

Those of the High Contracting Parties who have not yet signed, or who have signed but not yet ratified, the Opium Convention signed at The Hague on January 23, 1912, agree to bring the said Convention into force, and for this purpose
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— 291 -

to enact the necessary legislation without delay and in any case within a period of twelve months from the coming into force of the present Treaty.

Furthermore, they agree that ratification of the present Treaty should in the case of

Powers which have not yet ratified the Opium Convention be deemed in all respects equivalent to the ratification of that Convention and to the signature of the Special

Protocol which was opened al The Hague in accordance with the resolutions adopted by the Third Opium Conference in 1914 for bringing the said Convention into force.

For this purpose the Government of the French Republic will communicate to the

Government of the Netherlands a certified copy of the protocol of the deposit of rati- fications of the present Treaty, and will invite the Government of the Netherlands to accept and deposit the said certified copy as it it were a deposit of ratifications of the

Opium Convention and a signature of the Additional Protocol of 1914.

SECTION III.

DEBTS.

ARTICLE 248.

There shall be settled through the intervention of Clearing Offices to be established by each of the High Contracting

Parties within three months of the notification

referred to in paragraph (e) hereafter the following classes of pecuniary obligations:

(1) Debts payable before the war and due by a national of one of the Contracting

Powers, residing within its territory, to a national of an Opposing Power, residing within its territory;

(2) Debts which became payable during the war to nationals of one Contracting

Power residing

within its territory and arose out of transactions or contracts with

the nationals of an Opposing Power, resident within its territory, of which the total or partial execution was suspended on account of the existence of a state of war;

(3) Interest which has accrued due before and during the war to a national of one of the Contracting Powers in respect of securities issued or taken over by an

Opposing Power, provided that the payment of interest on such securities to the nationals of that Power or to neutrals has not been suspended during the war;

(4) Capital sums which have become payable before and during the war to nationals of one of the Contracting Powers in respect of securities issued by one of the Opposing Powers, provided that the payment of such capital suras to nationals of that Power or to neutrals has not been suspended during the war.

In the case of interest or capital sums payable in respect of securities issued or
_ 292 —

[120]

taken over by the former Austro-Hungarian Government the amount 1o be credited and paid by Austria will be the interest or capital in respect only of the debt for which Austria is liable in accordance with Part IX (Financial Clauses) of the present Treaty, and the principles laid down by the Reparation Commission.

The proceeds of liquidation of enemy property, rights, and interests mentioned in Section IV and in the Annex thereto will be accounted for through the Clearing

Offices, in the currency and at the rate of exchange hereinafter provided in para- graph (d), and disposed of by them under the conditions provided by the said

Section and Annex.

The settlements provided for in this Article shall be effected according to the following principles and in accordance with the Annex to this Section:

(a) Each of the High Contracting Parties shall prohibit, as from the coming into force of the present Treaty, both the payment and the acceptance of payment of such debts, and also all communications between the interested parties with regard to the settlement of the said debts otherwise than through the Clearing Offices;

(b) Each of the High Contracting Parties shall be respectively responsible for the payment of such debts due by its nationals, except in the cases where before the war the debtor was in a state of bankruptcy or failure, or had given formal indication of insolvency, or where the debt was due by a company whose business has been liqui- dated under emergency legislation during the war;

(c) The sums due to the nationals of one of the High Contracting Parties by the nationals of an Opposing State will be debited to the Clearing Office of the country of the debtor, and paid to the creditor by the Clearing Office of the country of the creditor;

(d) Debts shall be paid or credited in the currency of such one of the Allied and

Associated Powers, their colonies or protectorates, or the British Dominions or India, as may be concerned. If the debts are payable in some other currency they shall be paid or credited in the currency of the country concerned, whether an Allied or Asso- ciated Power, Colony, Protectorate, British Dominion or India, at the pre-war rale of exchange.

For the purpose of this provision the pre-war rate of exchange shall be defined as the average cable transfer rate prevailing in the Allied or Associated country concern- ed during the month immediately preceding the outbreak of war belween the said country concerned and Austria-Hungary.

If a contract provides for a fixed rate of exchange governing the conversion of the currency in which the debt is stated into the currency of the Allied or Associated country concerned, then the above provisions concerning the rate of exchange shall not apply.

In the case of the new States of Poland and the Czecho-Slovak State the currency in which and the rate of exchange at which debts shall be paid or credited shall be determined by the Reparation Commission provided for in Part VIII, unless they shall have been previously settled by agreement between the States interested;
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(e) The provisions of this Article and of the Annex hereto shall not apply as between Austria on the one hand and any one of the Allied and Associated Powers, their colonies or protectorates, or any one of the British Dominions or India on the other hand, unless within a period of one month from the deposit of the ratification of the present Trealy by the Power in question, or of the ratification on behalf of such Dominion or of India, nolice to that eflect is given to Austria by the Govern- ment of such Allied or Associated Power or of such Dominion or of India as the case may be;

(f) The Allied and Associated Powers which have adopted this Article and the Annex hereto may agree between themselves to apply them to their respective nationals established in their territory so far as regards matters between their nationals and

Austrian nationals. In this case the payments made by application of this provision will be subject to arrangements between the Allied and Associaled Clearing Offices

ANNEX.

I.

Each of the High Contracting Parties will, within three months from the notification provided for in Article 248, paragraph (e), establish a Clearing Office for the collection and payment of enemy debts.

Local Clearing Offices may be established for any particular portion of the territories of the

High Contracting Parties.

Such local Clearing Offices may perform all the functions of a

central Clearing Office in their respective districts, except that all transactions with the Clear- ing Office in the Opposing State must be effected through the central Clearing Office.

2.

In this Annex the pecuniary obligations referred to in the first paragraph of Article 248 are described as "enemy debts", the persons from whom the same are due as "enemy debtors", the persons to whom they are due as "enemy creditors", the Clearing Office in the country of the creditor is called the "Creditor Clearing Office", and the Clearing Office in the country of the debtor is called the "Debtor Clearing Office".

3.

The High Contracting Parties will subject contraventions of paragraph (a) of Article 248 lo the same penalties as are al present provided by their legislation for trading with the enemy. They will similarly prohibit within their territory all legal process relating to pay- ment of enemy debts, except in accordance with the provisions of this Annex.

4.

The Government guarantee specified in paragraph (b) of Article 248 shall take effect whenever, for any reason, a debt shall not be recoverable, except in a case where at the date of the outbreak of war the debt was barred by the laws of prescription in force in the country of the debtor, or where the debtor was at that time in a state of bankruptcy or failure or had
given formal indication of insolvency, or where the debt was due by a company whose business has been liquidated under emergency legislation during the war. In such case the procedure specified by this Annex shall apply to payment of the dividends.

The terms "bankruptcy" and "failure" refer to the application of legislation providing for such juridical conditions. The expression "formal indication of insolvency" bears the same meaning as it has in English law.

5.

Creditors shall give notice to the Creditor Clearing Office within six months of its establishment of debts due to them, and shall furnish the Glearing Office with any documents and information required of them.

The High Gontracting Parties will take all suitable measures to trace and punish collusion between enemy creditors and debtors. The Clearing Offices will communicate to one another any evidence and information which might help the discovery and punishment of such collusion.

The High Contracting Parties will facilitate as much as possible postal and telegraphic communication at the expense of the parties concerned and through the intervention of the

Glearing Offices between debtors and creditors desirous of coming to an agreement as to the

The Greditor Clearing Office will notify the Debtor Clearing Office of all debts declared to it. The Debtor Clearing Office will, in due course, inform the Greditor Clearing Office which debts are admitted and which debts are contested. In the latter case, the Debtor

Clearing Office will give the grounds for the non-admission of debt.

6.

When a debt has been admilted, in whole or in part, the Debtor Clearing Office will at once credit the Greditor Clearing Office with the amount admitted, and at the same time notify it of such credit.

7.

The debt shall be deemed to be admitted in full and shall be credited forthwith to the

Greditor Clearing Office unless within three months from the receipt of the notification or such longer time as may be agreed to by the Creditor Glearing Office notice has been given by the Debtor Clearing Office that it is not admitted.

8.

Whenthe whole or part of a debt is not admitled the two Clearing Offices will examine into the matter jointly and will endeavour to bring the parties to an agreement.

9.

The Creditor Clearing Office will pay to the individual creditor the sums credited to it out of the funds placed at its disposal by the Government of its country and in accordance with the conditions fixed by the said Government, retaining any sums considered necessary to cover risks, expenses or commissions.

10.

Any person having claimed payment of an enemy debt which is not admitted in whole or in part shall pay to the Clearing Office, by way of fine, interest at 5 per cent. on the part not
- 295 -

Any person having unduly refused to admit the whole or part of a debt claimed from him shall pay, by way of fine, interest at 5 per cent. on the amount with regard to which his refusal shall be disallowed.

Such interest shall run from the date of expiration of the period provided for in para- graph 7 until the date on which the claim shall have been disallowed or the debt paid.

Each Clearing Office shall in so far as it is concerned take steps to collect the fines above provided for, and will be responsible if such fines cannot be collected.

The fines will be credited to the other Clearing Office, which shall retain them as a contri- bution towards the cost of carrying out the present provisions.

11.

The balance between the Clearing Offices shall be struck monthly and the credit balance paid in cash by the debtor State within a week.

Nevertheless, any credit balances which may be due by one or more of the Allied and

Associated Powers shall be retained until complete payment shall have been effected of the sums due to the Allied or Associated Powers or their nationals on account of the war.

12.

To facilitate discussion between the Clearing Offices each of them shall have a represen- tative at the place where the other is established.

13.

Except for special reasons all discussions in regard to claims will, so far as possible, take place at the Debtor Clearing Office.

14.

In conformity with Article 248, paragraph (6), the High Contracting Parties are respon- sible for the payment of the enemy debts owing by their nationals.

The Debtor Clearing Office will therefore credit the Creditor Clearing Office with all debts admitted, even in case of inability to collect them from the individual debtor. The

Governments concerned will, nevertheless, invest their respective Clearing Offices with all necessary powers for the recovery of debts which have been admitted.

15.

Each Government will defray the expenses of the Clearing Office set up in its territory, including the salaries of the staff. -

16.

Where the two Clearing Offices are unable to agree whether a debt claimed is due, or in case of a difference between an enemy debtor and an enemy creditor or between the Clear- ing Offices, the dispute shall either be referred to arbitration if the parties so agree under conditions fixed by agreement between them, or referred to the Mixed Arbitral Tribunal provided for in Section VI hereafter.

At the request of the Creditor Clearing Office the dispute may, however, be submitted lo the jurisdiction of the Courts of the place of domicile of the debtor.
- 296 -

[1241

17.

Recovery of sums found by the Mixed Arbitral Tribunal, the Court, or the Arbitration

Tribunal to be due shall be effected through the Clearing Offices as if these sums were debts admitted by the Debtor Clearing Office.

18.

Each of the Governments concerned shall appoint an agent who will be responsible for the presentation to the Mixed Arbitral Tribunal of the cases conducted on behalf of its Glearing

Office. This agent will exercise a general control over the representatives or counsel employed by its nationals.

Decisions will be arrived at on documentary evidence, but it will be open to the Tribunal to hear the parties in person, or according to their preference by their representatives appro- ved by the two Governments, or by the agent referred to above, who shall be competent to intervene along with the party or to re-open and maintain a claim abandoned by the same.

19.

The Clearing Offices concerned will lay before the Mixed Arbitral Tribunal all the informa- tion and documents in their possession, so as to enable the Tribunal to decide rapidly on the cases which are brought before it.

20.

Where one of the parties concerned appeals against the joint decision of the two Clearing

Offices he shall make a deposit against the costs, which deposit shall only be refunded when the first judgment is modified in favour of the appellant and in proportion to the success he may attain, his opponent in case of such a refund being required to pay an equivalent proportion of the costs and expenses.

Security accepted by the Tribunal may be substituted for

A fee of 5 per cent. of the amount in dispute shall be charged in respect of all cases brought before the Tribunal. This fee shall, unless the Tribunal directs otherwise, be borne by the unsuccessful party.

Such fee shall be added to the deposit referred to.

independent of the security.

The Tribunal may award to one of the parties a sum in respect of the expenses of the proceedings.

Any sum payable under this paragraph shall be credited to the Clearing Office of the successful party as a separate item.

21.

With a view to the rapid settlement of claims, due regard shall be paid in the appointment of all persons connected with the Clearing Offices or with the Mixed Arbitral Tribunal to their knowledge of the language of the other country concerned.

Each of the Clearing Offices will be at liberty to correspond with the other and to forward documents in its own language.

22.

Subject to any special agreement to the contrary between the Governments concerned debts shall carry interest in accordance with the following provisions:
Interest shall not be payable on sums of money due by way of dividend, interest or other periodical payments which themselves represent interest on capital.

The rate of interest shall be 5 per cent. per annum, except in cases where, by contract, law or custom, the creditor is entitled to payment of interest at a different rate.

cases the rate to which he is entitled shall prevail.

Interest shall run from the date of commencement of hostilities (or, if the sum of money to be recovered fell due during the war, from the date at which it fell due) until the sum is credited to the Clearing Office of the creditor.

Sums due by way of interest shall be treated as debts admitted by the Clearing Offices and shall be credited to the Creditor Clearing Office in the same way as such debts.

23.

Where by decision of the Clearing Offices or the Mixed Arbitral Tribunala claim is held not to fall within Article 248, the creditor shall be at liberty to prosecute the claim before the Courts or to lake such other proceedings as may be open to him..

The presentation of a claim to the Clearing Office suspends the operation of any period of

24.

The High Contracting Parties agree to regard the decisions of the Mixed Arbitral Tribunal as final and conclusive, and to render them binding upon their nationals.

25.

In any case where a Greditor Clearing Office declines to notify a claim to the Debtor

Clearing Office, or to take any step provided for in this Annex intended to make effective in whole or in part a request of which it has received due notice, the enemy creditor shall be entitled to receive from the Clearing Office a certificate setting out the amount of the claim, and shall then be entitled to prosecute the claim before the courts or to take such other proceedings as may be open to him.

SECTION IV.

PROPERTY, RIGHTS AND INTERESTS.

ARTICLE 249.

The question of private properly, rights and interests in an enemy country shall he settled according to the principles laid down in this Section and to the provi- sions of the Annex herelo.

(a) The exceptional war measures and measures of transfer (defined in paragraph 3 of the Annex hereto) taken in the territory of the former Austrian Empire with res- pect to the property, rights and interests of nationals of Allied or Associated Powers, including companies and associations in which they are interested, when liquidation has not been completed, shall be immediately discontinued or stayed and the pro- perly, rights and interests concerned restored to their owners.

TR. A.

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[126

(6) Subject to any contrary stipulations which may be provided for in the present

Treaty, the Allied and Associated Powers reserve the right to retain and liquidate trolled by them, and are within the territories, colonies, possessions and protectorates of such Powers (including territories ceded to them by the present Treaty)

or are under the control of those Powers.

The liquidation shall be carried out in accordance with the laws of the Allied or Associated State concerned, and the owner shall not be able to dispose of such property, rights or interests nor to subject them to any charge without the consent

Persons who within six months of the coming into force of the present Treaty show that they have acquired ipso facto in accordance with its provisions the nationality of an Allied or Associated Power, including those who under Articles 72 or 76 obtain such nationality with the consent of the competent authorities, or who

(c) The price or the amount of compensation in respect of the exercise of the right referred to in paragraph (b) will be fixed in accordance with the methods of sale or valuation adopted by the laws of the country in which the property has been retained or liquidated.

(d) As between the Allied and Associated Powers and their nationals on the one hand and nationals of the former Austrian Empire on the other hand, as also between

Austria on the one hand and the Allied and Associated Powers and their nationals on the other hand, all the exceptional war measures, or measures of transfer, or acts done or to be done in execution of such measures as defined in paragraphs 1 and 3 of the Annex hereto shall be considered as final and binding upon all persons excep!.

as regards the reservations laid down in the present Treaty.

(e) The nationals of Allied and Associated Powers shall be entitled to compensation in respect of damage or injury inflicted upon their properly, rights of interests, including any company or association in which they are interested, in the territory of the former Austrian Empire, by the application either of the exceptional war measures or measures of transfer mentioned in paragraphs 1 and 3 of the

Annex hereto. The claims made in this respect by such nationals shall be investigated, and the total of the compensation shall be determined by the Mixed Arbitral

Tribunal provided for in Section VI or by an arbitrator appointed by that Tribunal.

This compensation shall be borne by Austria, and may be charged upon the property of nationals of the former Austrian Empire, or companies controlled by them, as defined in paragraph (b), within the territory or under the control of the claimant's

This property may be constituted as a pledge for enemy liabilities under the conditions fixed by paragraph 4 of the Annex hereto. The payment of this compensation may be made by the Allied or Associated State, and the amount will be debited to Austria.
(1) Whenever a national of an Allied or Associaled Power is entitled to property which has been subjected to a measure of transfer in the territory of the former

Austrian Empire and expresses a desire for its restitution, his claim for compensation in accordance with paragraph (e) shall be satisfied by the restitution of the said pro- perty if it still exists in specie.

In such case Austria shall take all necessary steps to restore the evicted owner 1o the possession of his property, free from all encumbrances or burdens with which it may have been charged after the liquidation, and to indemnify all third parties injured by the restitution.

If the restitution provided for in this paragraph cannot be effected, private agreements arranged by the intermediation of the Powers concerned or the Clearing Offices pro- vided for in the Annex to Section Ill may be made, in order to secure that the national of the Allied or Associated Power may secure compensation for the injury referred to in paragraph (e) by the grant of advantages or equivalents which he agrees in accept in place of the property, rights or interests of which he was deprived.

Through restitution in accordance with this Article, the price or the amount of compensation fixed by the application of paragraph (e) will be reduced by the actual value of the property restored, account being taken of compensation in respect of loss of use or deterioration.

(g) The rights conferred by paragraph (f) are reserved to owners who are nationals of Allied or Associated Powers within whose territory legislative measures prescribing the general liquidation of enemy property, rights or interests were not applied before the signature of the Armistice.

(h) Except in cases where, by application of paragraph (/), restitutions in specie have been made, the net proceeds of sales of enemy property, rights or interests wherever situated carried out either by virtue of war legislation, or by application of this Article, and in general all cash assets of enemies, other than proceeds of sales of property or cash assets in Allied or Associated countries belonging to persons covered by the last sentence of paragraph (b) above, shall be dealt with as follows:

(1) As regards Powers

adopting Section III and the Annex thereto, the said

proceeds and cash assels shall be credited to the Power of which the owner is a national, through the Clearing Office established thereunder; any credit balance in favour of Austria resulting therefrom shall be dealt with as provided in Article 189,

Part VIII (Reparation), of the present Treaty.

(2) As regards Powers not adopting Section Ill and the Annex thereto, the proceeds of the property, rights and interests, and the cash assets, of the nationals of Allied or

Associaled Powers held by Austria shall be paid immediately to the person entitled hereto or to his Government; the proceeds of the property, rights and interests, and the cash assets, of nationals of the former Austrian Empire, or companies controlled
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by them, as defined in paragraph (b), received by an Allied or Associated Power shall be subject to disposal by such Power in accordance with its laws and regulations and may be applied in payment of the claims and debts defined by this Article or

Allied or Associated Power, and if retained, the cash value thereof shall be deall with as provided in Article 189, Part VIII (Reparation), of the present Trealy.

(i) Subject 1o the provisions of Article 267, in the case of liquidations effected in new States, which are signatories of the present Treaty as Allied and Associated

Powers, or in States which are not entitled to share in the reparation payments to be made by Austria, the proceeds of liquidations effected by such States shall, subject to the rights of the Reparation Commission under the present Treaty, particularly under Articles 181, Part VIII (Reparation), and 211, Part IX (Financial

Clauses), be paid direct to the owner. If, on the application of that owner, the Mixed

Arbitral Tribunal provided for by Section VI of this Part, or an arbitrator appointed by that Tribunal, is satisfied that the conditions of the sale or measures taken by the Government of the State in question outside its general legislation were unfairly prejudicial to the price obtained, they shall have discretion to award to the owner equitable compensation to be paid by that State.

(i) Austria undertakes to compensate her nationals in respect of the sale or retention of their property, rights or interests in Allied or Associated States.

(k) The amount of all taxes or imposts on capital levied or to be levied by Austria on the property, rights and interests of the nationals of the Allied or Associated

Powers from November 3, 1918, until three months from the coming into force of the present Treaty, or, in the case of property, rights or interests which have been subjected to exceptional measures of war, until restitution in accordance with the present Treaty, shall be restored to the owners.

ArTIcLe 250.

Austria undertakes, with regard to the property, rights and interests, including companies and associations in which they were interested, restored to nationals of

Allied and Associated Powers in accordance with the provisions of Article 249, paragraph (a) or (f) :

the p o restore and maintaine is opt as espres pried or the preter ray.

the legal position obtaining in respect of the property, rights and interests of nationals of the former Austrian Empire under the laws i force before the war;

(b) not to subject the property, rights or interests of the nationals of the Allied or

Associated Powers to any measures in derogation of property rights which are not applied equally to the property, rights and interests of Austrian nationals, and to pay adequate compensation in the event of the applicalion of these measures.
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ANNEX.

1.

In accordance with the provisions of Article 249, paragraph (d), the validity of vesting orders and of orders for the winding up of businesses or companies, and of any other orders, directions, decisions or instructions of any court or any department of the Government of any of the High Contracting Parties made or given, or purporting to be made or given, in pursuance of war legislation with regard to enemy property, rights and interests is confit- med. The interests of all persons shall be regarded as having been effectively dealt with by any order, direction, decision or instruction dealing with property in which they may be interested, whether or not such interests are specifically mentioned in the order, direction, decision or instruction.

No question shall be raised as to the regularity of a transfer of any

property, rights or interests dealt with in pursuance of any such order, direction, decision or instruction.

Every action taken with regard to any property, business or company, whe-

ther as regards its investigation, sequestration, compulsory administration, use, requisition, supervision or winding up, the sale or management of property, rights or interests, the collection or discharge of debts, the payment of costs, charges or expenses, or any other matter whatsoever, in pursuance of orders, directions, decisions or instructions of any court or of any department of the Government of any of the High Contracting Parties, made or given, or purporting to be be made or given, in pursuance of war legislation with regard to enemy property, rights or interests, is confirmed. Provided that the provisions of this paragraph shall not be held to prejudice the titles to property heretofore acquired in good faith and for value and in accordance with the laws of the country in which the property is situated by nationals of the Allied and Associated Powers.

The provisions of this paragraph do not apply to such of the above-mentioned measures as have been taken by the former Austro-Hungarian Government in invaded or occupied territory, nor to such ot the above-mentioned measures as have been taken by Austria or the Austrian authorities since November 3, 1g18, all of which measures shall be void.

2.

No claim or action shall be made or brought against any Allied or Associated Power or against any person acting on behalf of or under the direction of any legal authority or department of the Government of such a Power by Austria or by any Austrian national or by or on behalf of any national of the former Austrian Empire wherever resident in res- pect of any act of omission with regard to his property, rights or interests during the war or in preparation for the war.

Similarly no claim or

actión shall be made or brought

against any person in respect of any act or omission under or in accordance with the exceptional war measures, laws or regulations of any Allied or Associated Power.

3.

In Article 249 and this Annex the expression " exceptional war measures" includes measures of all kinds, legislative, administrative, judicial or others, that have been taken
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[130]

or will be taken hereafter with regard to enemy property, and which have had or will have the effect ofremoving from the proprietors the power of disposition over their property, though without affecting the ownership, such as measures of supervision, of compulsory adminis- tration, and of sequestration; or measures which have had or will have as an object the seizure of, the use of, or the interference with enemy assets, for whatsoever motive, under whatsoever form or in whatsoever place.

Acts in the execution of these measures include all

detentions, instructions, orders or decrees of Government departments or courts applying these measures to enemy property, as well as acts performed by any person connected with the administration or the supervision of enemy property, such as the payment of debts, the collecting of credits, the payment of any costs, charges or expenses, or the collecting of fees.

Measures of transfer are those which have affected or will affect the ownership of enemy property by transferring it in whole or in part to a person olher than the enemy owner, and without his consent, such as measures directing the sale, liquidation or devolution of ownership in enemy property, or the cancelling of titles or securities.

4.

All property, rights and interests of nationals of the former Austrian Empire within the territory of any Allied or Associated Power and the net proceeds of their sale, liquidation or other dealing therewith may be charged by that Allied or Associated Power in the first place with payment of amounts due in respect of claims by the nationals of that Allied or

Associated Power with regard to their property, rights and interests, including companies and associations in which they are interested, in territory of the former Austrian Empire, of acts committed by the former Austro-Hungarian Government or by any Austrian authorities since July 28, 1914, and before that Allied or Associated Power entered into the war.

The amount of such claims may be assessed by an arbitrator appointed by M. Gustave

Ador, if he is willing, or if no such appointment is made by him, by an arbitrator ap.

poin'ed by the Mixed Arbitral Tribunal provided for in Section VI. They may be charged in the second place with payment of the amounts due in respect of claims by the nationals of such Allied or Associated Power with regard to their property, rights and interests in the territory of other enemy Powers, in so far as those claims are otherwise unsatisfied.

5.

Notwithstanding the provisions of Article 249, where immediately before the outbreak uf war a company incorporated in an Allied or Associated State had rights in common with i company controlled by it and incorporated in Austria to the use of trade-marks in third countries, or enjoyed the use in common with such company of unique means of reproduction of goods or articles for sale in third countries, the former company shall alone have the right to use these trade-marks in third countries to the exclusion of the Austrian company, and these unique means

of reproduction shall be handed over to the former company,

notwithstanding any action taken under war legislation in force in the Austro-Hungarian

Monarchy with regard to the latter company or its business, industrial property or shares.

Nevertheless, the former company, if requested, shall deliver to the latter company derivative copies permitting the continuation of reproduction of articles for use within Austrian territory.
[131]

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Up to the time when restitution is carried out in accordance with Article 249, Austria is responsible for the conservation of property, rights and interests of the nationals of Allied or Associated Powers, including companies

and associations in which they are interested,

that have been subjected by her to exceptional war measures.

7.

Within one year from the coming into force of the present Treaty the Allied or Associated

Powers will specify the property, rights and interests over which they intend to exercise the right provided in Article 249, paragraph (f).

8.

The restitution provided in Article 249 will be carried out by order of the Austrian

Government or of the authorities which have been substituted for it.

Detailed accounts of

the action of administrators shall be furnished to the interested persons by the Austrian authorities upon request, which may be made at any time after the coming into force of the present Treaty.

9.

Until completion of the liquidation provided for by Article 249, paragraph (b), the property, rights and interests of the persons referred to in that paragraph will continue to be subject to exceptional war measures that have been or will be taken with regard to them.

10.

Austria will, within six months from the coming into

force of the present Treaty.

deliver to each Allied or Associated Power all securities, certificates, deeds or other doou- ments of title held by its nationals and relaling to property, rights or interests situated in the territory of that Allied or Associated Power, including any shares, stock, debentures, deben- ture stock or other obligations of any company incorporated in accordance with the laws of

Austria will at any time on demand of any Allied or Associated Power furnish such information as may he required with regard to the property, rights and interests of Austrian nationals within the territory of such Allied or Associated Power, or with regard to any transactions concerning such property, rights or interests effected since July 1, 1914.

11.

The expression "cash assets" includes all deposits or funds established before or after the existence of a state of war, as well as all assets coming from deposits, revenues or profits collected by administrators, sequestrators or others from funds placed on deposit or otherwise, but does not include sums belonging to the Allied or Associated Powers or to their component States, Provinces or Municipalities.
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12.

AH investments wheresoever effected with the cash assets of nationals of the High

Contracting Parties, including companies and associations in which such nationals were interested, by persons responsible for the administration of enemy properties or having control over such administration, or by order of such persons or of any authority whatsoever, shall be annulled. These cash assets shall be accounted for irrespective of any such

13.

Within one month from the coming into force of the present Treaty, or on demand al any time, Austria will deliver to the Allied and Associated Powers all accounts, vouchers, records, documents and information of any kind which may be within Austrian territory, and which concern the property, rights and interests of the nationals of those Powers, including companies and associations in which they are interested, that have been subjected to an exceptional war measure, or to a measure of transfer either in the territory of the former Austrian Empire or in territory occupied by that Empire or its alties.

The controllers, supervisors, managers, administrators, sequestrators, liquidators and receivers shall be personally responsible under guarantee of the Austrian Government for the immediate delivery in full of these accounts and documents, and for their accuracy.

14.

The provisions of Article 249 and this Annex relating to property, rights and interests.

in an enemy country, and the proceeds of the liquidation thereof, apply to debts, credits and accounts, Section Ill regulating only the method of payment.

In the settlement of matters provided for in Article 249 between Austria and the Allied or Associated Powers, their colonies or protectorates, or any one of the British Dominions or

India, in respect of any of which a declaration shall not have been made that they adopt

Section III, and between their respective nationals, the provisions of Section III respecting the currency in which payment is to be made and the rate of exchange and of interest shall apply unless the Government of the Allied or Associated Power concerned shall within six months of the coming into force of the present Treaty notify Austria that one or more of the said provisions are not to be applied.

15.

The provisions of Article 249 and this Annex apply to industrial, literary and artistic property which has been or will be dealt with in the liquidation of property, rights, interests, companies or businesses under war legislation by the Allied or Associated Powers, or in accordance with the stipulations of Article 249, paragraph (6).
[1 33]

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SECTION V.

CONTRACTS, PRESCRIPTIONS, JUDGMENTS.

ARTICLE 25l.

(a) Any contract concluded between enemies shall be regarded as having been dissolved as from the time when any two of the parties became enemies, except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder, and subject to the exceptions and special rules with regard to par- ticular contracts or classes of contracts contained herein or in the Annex hereto.

(6) Any contract of which the execution shall be required in the general interest, within six months from the date of the coming into force of the present Treaty, by the Government of the Allied or Associated Power of which one of the parties is a national, shall be excepted from dissolution under this Article.

When the execution of the contract thus kept alive would, owing to the alteration of trade conditions, cause one of the parties substantial prejudice the Mixed Arbitral

Tribunal provided for by Section VI shall be empowered to grant to the prejudiced party equitable compensation.

(c) Having regard to the provisions of the constitution and law of the United Stales of America, of Brazil, and of Japan, neither the present Article, nor Article 252, nor the Annex hereto shall apply to contracts made between nationals of these States and nationals of the former Austrian Empire; nor shall Article 257 apply to the

United States of America or its nationals.

(d). The present Article and the Annex hereto shall not apply to contracts the parties to which became enemies by reason of one of them being an inhabitant of territory of which the sovereignly has been transferred, if such party shall acquire under the present Trealy the nationality of an Allied or Associaled Power, nor shall they apply to contracts between nationals of the Allied and Associaled Powers between whom trading has been prohibited by reason of one of the parties being in Allied or Asso- cialed territory in the occupation of the enemy.

(e) Nothing in the present Article or the Annex hereto shall be deemed lo invalidate a trausaclion lawfully carried out in accordance with a contract betwen enemies if it has been carried out with the authority of one of the belligerent Powers

ARTICLE 252.

(a) All periods of prescription, or limitation of right of action, whether they begar to run belore or after the outbreak of war, shall be treated in the territory of the

TR. A.

77
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[1 34]

apply to the period prescribed for the presentation of interest or dividend coupons or for the presentation for repayment of securities drawn for repayment or repayable on any other ground.

(b) Where, on account of failure to perform any act or comply with any formalily during the war, measures of execution have been taken in the territory of the former

Austrian Empire to the prejudice of a national of an Allied or Associated Power, the claim of such national shall, if the matter does not fall within the competence of the Courts of an Allied or Associated Power, be heard by the Mixed Arbitral Tri- bunal provided for by Section VI.

(c) Upon the application of any interested person who is a national of an Allied or Associated Power the Mixed Arbitral Tribunal shall order the restoration of the rights which have been prejudiced by the measures of execution referred to in paragraph (6), wherever, having regard to the particular circumstances of the case, such restoration is equitable and possible.

If such restoration is inequitable or impossible the Mixed Arbitral Tribunal may grant compensation to the prejudiced party to be paid by the Austrian Government (d). Where a contract between enemies has been dissolved by reason either of failure on the part of either party to carry out its provisions or of the exercise of a right stipulated in the contract itself the party prejudiced may apply to the Mixed Arbi- tral Tribunal for relief. The Tribunal will have the powers provided for in paragraph (c).

(e) The provisions of the preceding paragraphs of this Article shall apply to the nationals of Allied and Associated Powers who have been prejudiced by reason ol measures referred to above taken by the authorities of the former Austrian Government in invaded or occupied territory, if they have not been otherwise compensated.

(J) Austria shall compensate any third party who may be prejudiced by any resti- tution or restoration ordered by the Mixed Arbitral Tribunal under the provisions of the preceding paragraphs of this Article.

(9) As regards negotiable instruments, the period of three months provided under paragraph (a) shall commence as from the date on which any exceptional regulations applied in the territories of the interested Power with regard to negotiable instru- ments shall have definitely ceased to have force:

ARTICLE 253.

no negotiable instrument made before the war shall be

deemed to have become invalid by reason only of failure within the required time to present the instrument for acceptance or payment or to give notice of non-acceptance or non-payment to drawers or indorsers or to protest the instrument, nor by reason of failure to complete any formality during the war.
[135]

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Where the period within which a negotiable instrument should have been presented for acceptance or for payment, or within which notice of non-acceptance or non- payment should have been given to the drawer or indorser,

or within which the

instrument should have been protested, has elapsed during the war, and the party who should have presented or protested the instrument or have given notice of non- acceptance or non-payment has failed to do so during the war, a period of not less than three months from the coming into force of the present Treaty shall be allowed within which presentation, notice of non-acceptance or non-payment or protest may be made.

ARTICLE 254.

Judgments given by the Courts of an Allied or Associated Power in all cases which, under the present Treaty; they are competent to decide, shall be recognised in

Austria as final, and shall be enforced without it being necessary to have them declared executory.

If a judgment or measure of execution in respect of any dispute which may have arısen has been given during the war by a judicial authority of the former Austrian

Empire against a national of an Allied or Associated Power, or a company or associa- tion in which one of such nationals was interested, in a case in which either such national or such company or association was not able to make their defence, the

Allied and Associated national who has suffered prejudice thereby shall be entitled to recover compensation to be fixed by the Mixed Arbitral Tribunal provided for in

At the instance of the national of the Allied or Associated Power the compensation above-mentioned may, upon order to that effect of the Mixed Arbitral Tribunal, be effected where it is possible by replacing the parties in the situation which they occupied before the judgment was given by the Austrian Court.

The above compensation may likewise be obtained before the Mixed Arbitral Tri- bunal by the nationals of Allied or Associated Powers who have suffered prejudice by judicial measures taken in invaded or occupied territories, if they have not been otherwise compensated.

ARTICLE 255.

For the purpose of Sections III, IV, V and VII, the expression "during the war" means for each Allied or Associated Power the period between the commencement of the state of war between that Power and the former Austro-Hungarian Monarchy and the coming into force of the present Treaty.

ANNEX.

1. General Provisior.

1.

Within the meaning of Articles 251, 252, and 253, the parties to a contract shall he regarded as enemies when trading between them shall have been prohibited by or otherwise

TR. A.

77・
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[1 36]

became unlawful under laws, orders or regulations to which one of those parties was sub- ject.

They shall be deemed to have become enemies from the date when such trading was prohibited or otherwise became unlawful.

2.

The following classes of contractsare excepted from dissolution by Article 251 and, without prejudice to the rights contained in Article 249 (b) of Section IV, remain in force subject to the application of domestic laws, orders or regulations made during the war by the Allied and

Associated Powers and subject to the terms of the contracts :

(a) Contracts having for their object the transfer of estates or of real or personal property where the property therein had passed or the object had been delivered before the parties became enemies;

(6) Leases and agreements for leases of land and houses;

(c) Contracts of mortgage, pledge, or lien;

(d Concessions concerning mines, quarries or deposits;

e) Contracts between individuals or companies and States, provinces, municipalities or other similar juridical persons charged with administrative functions, and concessions granted by States, provinces, municipalities or other similar juridical persons charged with admi-

3.

If the provisions of a contract are in part dissolved under Article 251, the remaining provisions of that contract shall, subject to the same application of domestic laws as is provided for in paragraph 2, continue in force if they are severable, but where they are not severable the contract shall be deemed to have been dissolved in its entirety.

II. Provisions relating to certain classes of Contracts.

Stock Exchange and Commercial Exchange Contracts.

4.

(a) Rules made during the war by any recognised Exchange or Commercial Association providing for the closure of contracts entered into before the war by an enemy are confirmed by the High Contracting Parties, as also any action taken thereunder, provided :

(1) that the contract was expressed to be made subject to the rules of the Exchange or

Association in question;

(2) that the rules applied to all persons concerned;

(3) that the conditions attaching to the closure were fair and reasonable.

(b) The preceding paragraph shall not apply to rules made during the occupation by

Exchanges or Commercial Associations in the districts occupied by the enemy.

(°) The closure of contracts relating to cotton "futures", which were closed as on

July 31,1914, under the decision of the Liverpool Cotton Association, is also confirmed.

Security.

5.

The sale of a security held for an unpaid debt owing by an enemy shall be deemed to have been valid irrespective of notice to the owner if the creditor acted in good faith and
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with reasonable care and prudence, and no claim by the debtor on the ground of such sale shall be admitted

This stipulation shall not apply to any sale of securities effected by an enemy during the occupation in regions invaded or occupied by the enemy.

Negotiable Instruments.

6.

As regards Powers which adopt Section Ill and the Annex thereto the pecuniary obligations existing between enemies and resulting from the issue of negotiable instruments shall be adjusted in conformity with the said Annex by the instrumentality of the Clearing Offices, which shall assume the rights of the holder as regards the various remedies open to him.

7.

If a person has either before or during the war become liable upon a negotiable instru- ment in accordance with an undertaking given to him by a person who has subsequently become an enemy, the latter shall remain liable to indemnify the former in respect of his liability notwithstanding the outbreak of war.

III. Contracts of Insurance.

8.

Contracts of insurance entered into by any person with another person who subsequently became an enemy will be dealt with in accordance with the following paragraphs.

Fire Insurance.

9.

Contracts for the insurance of property against fire entered into by a person interested in such property with another person who subsequently became an enemy shall not be deemed to have been dissolved by the outbreak of war, or by the fact of the person becom- ing an enemy, or on account of the failure during the war and for a period of three months thereafter to perform his obligations under the contract, but they shall be dissolved at the date when the annual premium becomes payable for the first time after the expira- tion of a period of three months after the coming into force of the present Treaty.

A settlement shall be effected of unpaid premiums which became due during the war or of claims for losses which occurred during the war.

10.

administrative or legislative action an insurance against fire effected before

the war has been transferred during the war from the original to another insurer, the transfer will be recognised and the liability of the original insurer will be deemed to have ceased as from the date of the transfer. The original insurer will, however, be entitled to

TR. A.
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1138]

receive on demand full information as to the terms of the transfer, and if it should appear:

that these terms were not equitable they shall be amended so far as may be necessary to render them equitable.

Furthermore,

the insured shall, subject to the concurrence of the original insurer, be

entitled to retransfer the contract to the original insurer as from the date of the demand.

Life Insurance.

11.

the fact of the person becoming an enemy.

Any sum which during the war became due upon a contract deemed not to have been dissolved under the preceding provision shall be recoverable after the war with the addition of interest at five per cent. per annum rrom the date of its becoming due up to the day of payment.

Where the contract has lapsed during the war owing to non-payment of premiums, or has become void from breach of the conditions of the contract, the assured or his representatives or the persons entitled shall have the right at any time within twelve months of the coming into force of the present Treaty to claim from the insurer the surrender value of the policy at the date of its lapse or avoidance.

Where the contract has lapsed during the war owing to non-payment of premiums the or his representative or the persons entitled shall have the right to restore the contract on payment of the premiums with interest at five per cent per annum within three months from the coming into force of the present Treaty.

12.

Where contracts of life insurance have been entered into by a local branch of an insurance company established in a country which subsequently became an enemy country, the contract shall, in the absence of any stipulation to the contrary in the contract itself, be governed by the local law, but the insurer shall be entitled to demand from the insured or his representatives the refund of sums paid on claims made or enforced under measures taken during the war, if the making or enforcement of such claims was not in accordance with the terms of the contract itself or was not consistent with the laws or treaties existing at the time when it was entered into.

13.

In any case where by the law applicable to the contract the insurer remains bound by the contract notwithstanding the non-payment of premiums until notice is given to the insured of the termination of the contract, he shall be entitled, where the giving of such notice was prevented by the war, to recover the unpaid premiums with interest at five per cent. per annum from the insured.

14.

Insurance contracts shall be considered as contracts of life assurance for the purpose of
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paragraphs 11 to 13 when they depend on the probabilities of human life combined with the rate of interest for the calculation of the reciprocal engagements between the two partics.

Marine Insurance.

15.

Contracts of marine insurance including time policies and voyage policies entered into between an insurer and a person who subsequently became an enemy shall be deemed to have been dissolved on his becoming an enemy, except in cases where the risk undertaken in the contract had attached before he became an enemy.

Where the risk had not attached, money paid by way of premium or otherwise shall be recoverable from the insurer.

Where the risk had attached effect shall be given to the contract notwithstanding the party becoming an enemy, and sums due under the contract either by way of premiums or in respect of losses shall be recoverable after the coming into force of the present Treaty.

In the event of any agreement being come to for the payment of interest on sums due before the war to or by the nationals of States which have been at war and recovered after the war, such interest shall in the case of losses recoverable under contracts of maripe insur- ance run from the expiration of a period of one year from the date of the loss.

16.

No contract of marine insurance with an insured person who subsequently became an enemy shall be deemed to cover losses due to belligerent action by the Power of which the insurer was a national or by the allies or associates of such Power.

17.

Where it is shown that a person who had before the war entered into a contract of marine insurance with an insurer who subsequently became an enemy entered after the outbreak of war into a new contract covering the same risk with an insurer who was not an enemy, the new contract shall be deemed to be substituted for the original contract as from the date when it was entered into, and the premiums payable shall be adjusted on the basis of the original insurer having remained liable on the contract only up till the time when the new contract was entered into.

Other Insurances.

18.

Contracts of insurance entered into before the war between an insurer and a person who subsequently became an enemy, other thau contracts dealt with in paragraphs 9 to 17, shall be treated in all respects on the same footing as contracts of fire insurance between the same persons would be dealt with under the said paragraphs.

TR. A.

78.
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[140]

Re-insurance.

19.

All treaties of re-insurance with a person who became an enemy shall be regarded as having been abrogated by the person becoming an enemy, but without prejudice in the case of life or marine risks which had attached before the war to the right to recover payment after the war for sums due in respect of such risks.

Nevertheless if, owing to invasion, it has been impossible for the re-insured to find another re-insurer, the treaty shall remain in force until three months after the coming into force of the present Treaty.

Where a re-insurance treaty becomes void under this paragraph, there shall be an adjustment of accounts between the parties in respect both of premiums paid and payable and of liabilities for losses in respect of life or marine risks which had attached before the war.

In the case of risks other than those mentioned in paragraphs 11 to 17 the adjustment of accounts shall be made as at the date of the parties becoming enemies without regard to claims for losses which may have occurred since that date.

20.

The provisions of the preceding paragraph will extend equally to re-insurances, existing at le date of the parties becoming enemies, of particular risks undertaken by the insurer in ontract of insurance against any risks other than life or marine risk

21.

Re-insurance of life risks effected by particular contracts and not under any general treaty remain in force.

22.

In case of a re-insurance effected before the war of a contract of marine insurance, the cession of a risk which had been ceded to the re-insurer shall, if it had attached before the outbreak of war, remain valid and effect be given to the contract notwithstanding the outbreak of war; sums due under the contract of re-insurance in respect either of premiums or of losses shall he recoverable after the war.

23.

The provisions of paragraphs 16 and 17 and the last part of paragraph 15 shall apply to contracts for the re-insurance of marine risks.
- 313 -

SECTION VI.

MIXED ARBITRAL TRIBUNAL.

ARTICLE 256.

(a) Within three months from the coming into force of the present Treaty, a

Mixed Arbitral Tribunal shall be established between each of the Allied and Associa- ted Powers on the one hand and Austria on the other hand. Each such Tribunal shall consist of three members. Each of the Governments concerned shall appoint one of these members.

The President shall be chosen by agreement between the two

Governments concerned.

In case of failure to reach agreement, the President of the Tribunal and two other persons, either of whom may in case of need take his place, shall be chosen by the Council of the League of Nations, or, until this is set up, by M. Gustave Adorifhe is willing.

These persons shall be nationals of Powers that have remained neutral

during the war.

If in case there is a vacancy a Government does not proceed within a period of one month to appoint as provided above a member of the Tribunal, such member shall be chosen by the other Government from the two persons mentioned above other than the President.

The decision of the majority of the members of the Tribunal shall be the decision of the Tribunal.

(6) The Mixed Arbitral Tribunals established pursuant to paragraph (a) shall decide all questions within their competence under Sections III, IV, V and VII.

In addition, all questions, whatsoever their nature, relating to contracts concluded before the coming into force of the present Treaty between nationals of the Allied and

Associated Powers and Austrian nationals shall be decided by the Mixed Arbitral

Tribunal, always excepting questions which, under the laws of the Allied, Associated or Neutral Powers, are within the jurisdiction of the National Courts of those Powers.

Such questions shall be decided by the National Courts in question, lo the exclu- sion of the Mixed Arbitral Tribunal. The party who is a national of an Allied or

Associaled Power may nevertheless bring the case before the Mixed Arbitral Tribunal if this is not prohibited by the laws of his country.

(c) If the number of cases justifies it, additional members shall be appointed and cach Mixed Arbitral Tribunal shall sit in divisions. Each of these divisions will be constituted as above.

(d) Each Mixed Arbitral Tribunal will sellle its own procedure except in so far as it is provided in the following Annex, and is empowered to award the sums to be paid by the loser in respect of the costs and expenses of the proceedings.

TR. A.
- 314 —

(e) Each Government will pay the remuneration of the member of the Mixed

Arbitral Tribunal appointed by it and of any agent whom it may appoint to represent it before the Tribunal. The remuneration of the President will be deter- mined by special agreement between the Governments concerned; and this remune- ration and the joint expenses of each Tribunal will be paid by the two Governments in equal moieties.

se that their courts and authorilies sha

ander to the Mixed Arbitral Tribunes direct all the assistance in their borer, par cularly as regards transmitting notices and collecting evidence.

(g) The High Contracting Parties agree to regard the decisions

of the Mixed

Arbitral Tribunal as final and conclusive, and to render them binding upon their nationals.

ANNEX.

1.

Should one of the members of the Tribunal either die, retire or be unable for any reason whatever to discharge his functions, the same procedure will be followed for filling the vacancy as was followed for appointing him.

2.

The Tribunal may adopt such rules of procedure as shall be in accordance with justice and equity and decide the order and time at which each party must conclude its arguments, and may arrange all formalities required for dealing with the evidence.

3.

n wie agent the Tribunal arguments in on part or in detence of each case

uthorized to present oraly an

4.

The Tribunal shall keep record of the questions and cases submitted and the proceedings thereon, with the dates of such proceedings.

5.

Each of the Powers concerned may appoint a secretary. These secretaries shall act together as joint secretaries of the Tribunal and shall be subject to its direction.

bunal may appoint and employ any other necessary officer or officers to assist in the perfor-

6.

The Tribunal shall decide all questions and matters submitted upon such evidence and information as may be furnished by the parties concerned.
[143]

- 315 - 7.

The High Contracting Parties agree to give the Tribunal all facilitics and information required by it for carrying out its investigations.

8.

The language in

which the proceedings shall be conducted shall, unless otherwise

agreed, be English, French, Italian or Japanese, as may be determined by the Allied or

Associated Power concerned.

9.

The place and time for the meetings of each Tribunal shall be determined by the Presi- dent of the Tribunal.

ARTICLE: 257.

Whenever a competent court has given or

gives a decision in a case covered by

Sections III, IV, V or VII, and such decision is inconsistent with the provisions of such Sections, the party who is prejudiced by the decision shall be entitled to obtain redress which shall be fixed by the Mixed Arbitral Tribunal. At the request of the national of an Allied or Associated Power, the redress may, whenever possible, be effected by the Mixed Arbitral Tribunal directing the replacement of the parties in the position occupied by them before the judgment was given by the court of the former Austrian Empire.

SECTION VII.

INDUSTRIAL PROPERTY.

ARTICLE 258.

Subject to the stipulations of the present Treaty, rights of industrial, literary and artistic property, as such property is defined by the International Conventions of

Paris and of Berne, mentioned in Articles 237 and 239, shall be re-established or restored, as from the coming into force of the present Treaty, in the territories of the

High Contracting Parties, in favour of the persons entitled to the benefit of them at the moment when the

state of war

commenced, or their legal representatives.

Equally, rights which, except for, the war, would have been acquired during the war in consequence of an application made for the protection of industrial property, or the publication of a literary or artistic work, shall be recognised and established in favour of those persons who would have been entitled thereto, from the coming into force of the present Treaty.

TR. A.

79•
— 316 —

Nevertheless, all acts done by

virtue of the special measures taken during the

war under legislative, execulive or administrative authority of any Allied or Associated

Power in regard to the rights of nationals of the former Austrian Empire in industrial, literary or artistic property shall remain in force and shall continue lo maintain their full effect.

No claim shall be made or action brought by Austria or Austrian nationals or by or on behalf of nationals of the former Austrian Empire in respect of the use during the war by the Government of any Allied or Associated Power, or by any persons acting on behalf or with the assent of such Government of any rights in industrial, literary or artistic property, nor in respect of the sale, offering for sale or use of any products, articles or apparatus whatsoever to which such rights applied.

Unless the legislation of any one of the Allied or Associated Powers in force al the moment of the signature of the present Trealy otherwise directs, sums due or paid in respect of the property of persons referred to in Article 249 (b) and in virtue of any act or operation resulting from the execution of the special measures mentioned in the second paragraph of this Article shall be dealt with in the same way as other sums due to such persons are directed to be dealt with by the present

treated in the same way as other debis due from Austrian nationals.

Each of the Allied and Associated Powers reserves to itself the right lo impose such limitations, conditions or restrictions on rights of industrial, literary or artistic property (with the exception of trade-marks) acquired before or during the war, or which may be subsequently acquired in accordance with its legislation, by Austrian nationals, whether by granting licences, or by the working, or by preserving control over their exploitation, or in any other way, as may be considered necessary for national defence, or in the public interest, or for assuring the lair treatment by

Austria of the rights of industrial, literary and artistic property held in Austrian territory by its nationals, or for securing the due fulflment of all obligations underlaken by

Austria in the present Trealy. As regards rights of industrial, literary and artistic property acquired afler the coming into force of the present Treaty, the right so reserved by the Allied and Associated Powers shall only be exercised in cases where these limitations, conditions or restrictions may be considered necessary for national defence or in the public interest.

In the event of the application of the provisions of the preceding paragraph by any Allied or Associated Power, there

shall be paid reasonable indemnities or

royalties, which shall be dealt with in the same way as other sums due to Austrian nationals are direcled to be dealt with by the present Treaty.

Each of the Allied or Associaled Powers reserves the right to treat as void and of no effect any transfer in whole or in part of or other dealing with rights of or in respect of industrial, literary or artistic property effected after July 28, 1914, or in the future, which would have the result of defeating the objects of the provisions of this

Article.
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— 317 —

The provisions of this Article shall not apply to rights in industrial, literary or artistic property which have been dealt with in the liquidation of businesses or com- panies under war legislation by the Allied or Associated Powers, or which may be so dealt with by virtue of Article 249, paragraph (b).

ARTICLE 259.

A minimum of one year after the coming into force of the present Treaty shall be accorded to the nationals of the High Contracting Parties, without extension fees or other penalty, in order to enable such persons to accomplish any act, fulfil any formality, pay any fees, and generally satisfy any obligation prescribed by the laws or regulations of the respective States relating to the obtaining, preserving or opposing rights lo, or in respect of, industrial property either acquired before July 28, 1914, or which, except for the war, might have been acquired since that date as i result of an application made before the war or during its continuance, but nothing in this Article shall give any right to re-open interference proceedings in the United

States of America where a final hearing has taken place.

All rights in, or in respect of, such property which may have lapsed by reason of any failure to accomplish any act, fulfil any formality, or make any payment, shall revive, but subject in the case of patents and designs to the imposition of such condi- tions as each Allied or Associated Power may deem reasonably necessary for the pro- tection of persons who have manufactured or made use of the subject matter of such property while the rights had lapsed.

Further, where rights to patents or designs

belonging to Austrian nationals are revived under this Article, they shall be subject in respect of the grant of licences to the same provisions as would have been applicable 1o them during the war, as well as to all the provisions of the present Treaty.

The period from July

28, 1914, until the coming into force of the present

Treaty shall be excluded in considering the time within which a patent should be worked or a trade mark or design used, and it is further agreed that no patent, registered trade mark or design in force on July 28, 1914, shall be subject to revocation or cancellation by reason only of the failure to work such patent or use such trade mark or design for two years after the coming into force of the present Treaty.

ARTICLE 260.

the Precion priy perie by tride hington in 1g11, or by any other Convention or Statute, for the filing or regis tration of applications for patents or models of utility, and for the registration o trade marks, designs and models which had not expired on July 28, 1914
-318 -

[146]

and those which have arisen during the war, or would have arisen but for the war, shall be extended by each of the High Contracting Parties in favour of all nationals of the other High Contracting Parties for a period of six months after the coming into force of the present Trealy.

Nevertheless, such extension shall in no way affect the right of any of the High

Contracting Parties or of any person who before the coming into force of the present

Trealy was bond fide in possession of any rights of industrial property conflicting with rights applied for by another who claims rights of priority in respect of them, to xercise such rights by itself or himself personally, or by such agents or licensees as derived their rights from it or him before the coming into force of the present Trealy;

and such persons shall not be amenable lo any action or other process of law in respect of infringement.

ARTICLE 26L.

No action shall be brought and no claim made by nationals of the former Austrian Empire, or by persons residing or carrying on business within the territory of that Empire, on the one part, and on the other part by persons residing or carrying on business in the territory of the Allied or Associated Powers, or persons who are nationals of such Powers respectively, or by any one deriving title during the war from such persons, by reason of any action which has taken place within the territory of the other party between the date of the existence of a state of war and that of the coming into force of the present Trealy, which might constitute all infringement of the rights of industrial property or rights of literary and artistic property, either existing at any time during the war or revived under the provisions of Articles 259 and 260.

Equally, no action for infringement of industrial, literary or artistic property rights by such persons shall at any time be permissible in respect of the sale or offering for sale for a period of one year after the signature of the present Treaty in the territories of the Allied or Associated Powers on the one hand or Austria on the other, of products or articles manufactured, or of literary or artistic works published, during the period between the existence of a state of war and the signature of the pre sent Treaty, or against those who have acquired and continue to use them. It is understood, nevertheless, that this provision shall not apply when the possessor of the rights was domiciled or had an industrial or commercial establishment in the districts occupied by the Austro-Hungarian armies during the war.

This Article shall not apply as belween the United Stales of America on the one hand and Austria on the other.

ARTICLE 262.

Licences in respect of industrial, literary

or artistic properly concluded before

the war between nationals of the Allied or Associated Powers or persons residing in their territory of carrying on business therein, on the one part, and nationals of the former Austrian Empire, on the other part, shall be considered as cancelled as from
11471

- 319 -

the dale of the existence of a stale of war betwen the former Austro-Hungarian

Monarchy and the Allied or Associated Power.

But, in any case, the former

beneficiary of a contract of this kind shall have the right, within a period of six months after the coming into force of the present Treaty, to demand from the pro- of agreement between the parties, shall be fixed by the duly qualified tribunal in the country under whose legislation the rights had been acquired, except in the case of licences held in respect of rights acquired under the law of the former Austrian

In such cases the conditions shall be fixed by the Mixed Arbitral Tri- bunal referred to in Section VI of this Part. The tribunal may, if necessary, fix also the amount which it may deem just should be paid by reason of the use of the rights during the war.

No licence in respect of industrial, literary or artistic properly, granted under the special war legislation of any Allied or Associated Power, shall be affected by the continued existence of any licence entered into before the war, but shall remain valid and of full effect, and a licence so granted to the former beneliciary of a licence enter- ed into before the war shall be considered as substituted for such licence.

Where sums have been paid during the war in respect of the rights of persons referred to in Articlo 249 (b) by virtue of a licence

Or agreement concluded

before the war in respect of rights of industrial properly or for the reproduction or the representation of literary, dramatic or artistic works, these sums shall be dealt will in the same manner as other debts or credits of such persons as provided by the present Treaty.

This Article shall not apply as between the United States of America on the one hand and Austria on the other.

SECTION VII.

SPECIAL PROVISIONS

RELATING TO TRANSFERRED TERRITORY.

ARTICLE 263.

Of the individuals and juridical persons previously nationals of the former Austriar

Empire, including Bosnia-Herzegovinians, those who acquire ipso facto under the present Treaty the nationality of an Allied or Associated Power are designated in the provisions which follow by the expression "nationals of the former Austrian Em- pire"; the remainder are designated by the expression "Austrian nationals".

TR. A.
_320-

[148]

ARTICLE 264.

The inhabitants of territories transferred by virtue of the present Treaty shall, notwithstanding this transfer and the change of nationality consequent thereon, continue to enjoy in Austria all the rights in industrial, literary and artistic property to which they were entitled under the legislation in force at the time of the transfer.

ARTICLE 265.

The questions concerning the nationals of the former Austrian Empire, as well as Austrian nalionals, their rights, privileges and property, which are not dealt with in the present Treaty, or in the Treaty prepared for the purpose of regulating certain immediate relations between the States to which territory of the former

Austro-Hungarian Monarchy has been transferred, or arising from the dismemberment of that Monarchy, shall form the subject of special conventions between the States concerned, including Austria; such conventions shall not in any way conflict with the provisions of the present Treaty.

For this purpose it is agreed that three months from the coming into force of the present Treaty a Conference of delegates of the States in question shall take place.

ARTICLE 266.

The Austrian Government shall without delay restore to nationals of the former

Austrian Empire their property, rights and interests situated in Austrian territory.

The amount of taxes and imposts on capital which have been levied or increased on the property, rights and interests of nationals of the former Austrian Empire since

November 3, 1918, or which shall be levied or increased until restitution in accordance with the provisions of the present Treaty, or, in the case of property, rights and interests which have not been subjected to exceptional measures of war, until three months from the coming into force of the present Treaty, shall be returned to the owners.

The property, rights, and interests restored shall not be subject to any tax levied in respect of any other property or any other business owned by the same person after such property had been removed from Austria, or such business had ceased to

If taxes of any kind have been paid in anticipation in respect of property, rights and interests removed from Austria, the proportion of such taxes paid for any period subsequent to the removal of the property, rights and interests in question shall be returned to the owners.

Cash assets shall be paid in the currency and at the rate of exchange provided for the case of debts under Articles 248 (d) and 271.
(149]

- 321 —

Legacies, donations and funds given or established in the former Austro-Hungarian

Monarchy for the benefit of nationals of the former Austrian Empire shall be placed by Austria, so far as the funds in question are in her territory, at the disposition of the Allied or Associated Power of which the persons in question are now nationals, in the condition in which these funds were on July 28, 1914, taking account of payments properly made for the purpose of the Trust.

ARTICLE 267.

Notwithstanding the provisions of Article 249 and the Annex to Section IV the property, rights and interests of Austrian nationals or companies controlled by them situated in the territories which formed part of the former Austro-Hungarian Mon- archy shall not be subject to retention or liquidation in accordance with these

Such property, rights and interests shall be restored to their owners freed from any measure on this kind, or from any other measure of transfer, compulsory administration or sequestration, taken since November 3, 1918, until the coming into force of the present Treaty, in the condition in which they were before the application of the measures in question.

The property, rights and interests here referred to do not include property which is the subject of Article 208, Part IX (Financial Clauses).

Nothing in this Article shall affect the provisions laid down in Part VIII (Repa- ration) Section I, Annex Ill as to property of Austrian nationals in ships and boats.

ArtIcLe 268.

All contracts for the sale of goods for delivery by sea concluded before January 1, 1917, between nationals of the former Austrian Empire on the one part and the admi- nistrations of the former Austro-Hungarian Monarchy, Austria, or Bosnia-Herzego- vina, or Austrian nationals on the other part shall be annulled, except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder. All other contracts between such parties which were made before

November 1, 1918, and were in force at that date shall be maintained.

ARTICLe 269.

the expression "outbreak of war" of the expression " date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations be- tween the parties became impossible in fact or in law", and for the expression " dura- tion of the war" of the expression "period between the date above indicated and that of the coming into force of the present Treaty".

81
- 322 -

1150]

ARTICLE 270.

Austria undertakes not to impede in any way the transfer of properly, rights or inte- rests belonging to a company incorporated in accordance with the laws of the former

Austro-Hungarian Monarchy, in which Allied or Associated nationals are interested, lo a company incorporated in accordance with the laws of any other Power, to facili- tate all measures necessary for giving effect to such transfer, and to render any assis- lance which may be required for effecting the restoration to Allied or Associated nationals, or to companies in which they are interested, of their property, rights or interests whether in Austria or in transferred territory.

ARTICLE 271.

Section Ill, except Article 248 (d), shall not apply lo debts contracted between

Austrian nationals and nationals of the former Austrian Empire.

Subject to the special provisions laid down in Article 248 (d) for the case of the new States, these debts shall be paid in the legal currency at the time of payment of the State of which the national of the former Austrian Empire has become a national, and the rate of exchange applicable shall be the average rate quoted on the Geneva

Exchange during the two months preceding November 1, 1918.

ARTICLE 272.

Insurance companies whose principal place of business was in territory which previously formed part of the former Austro-Hungarian Monarchy shall have the right to carry on their business in Austrian territory for a period of ten years from the coming into force of the present Treaty, without the rights which they previously enjoyed being affected in any way by the change of nationality.

During the above period the operations of such companies shall not be subjected by. Austria to any higher tax or charge than shati be imposed on the operations of national companies. No measure in derogation of their rights of property shall be imposed upon them which is not equally applied to the property, rights or interests ot Austrian insurance companies; adequate compensation shall be paid in the event of the application of any such measures.

These provisions shall only apply so long as Austrian insurance companies previously carrying on business in the transferred territories, even if their principal place of business was outside such territories, are reciprocally accorded a similar right to carry on their business therein.

After the period of ten years above referred to, the provisions of Article 228 of the present Treaty shall apply in regard to the Allied and Associated companies in
[151]

- 323

ARTICLe 273.

Special agreements will determine the division of the properly of associations or public corporations carrying on their functions in territory which is divided in conse- quence of the present Treaty.

ARTICLe 274.

States to which territory of the former Austro-Hungarian Monarchy is transferred, and States arising from the dismemberment of that Monarchy, shall recognize and give effect to rights of industrial, literary and artistic property in force in the terri- tory at the time when it passes to the State in question, or re-established or restored in accordance with the provisions of Article 258 of the present Treaty. These rights shall remain in force in that territory for the same period as that for which they would have remained in force under the law of the former Austro-Hungarian Monarchy. - A special convention shall determine all questions relative to the records, registers and copies in connection with the protection of industrial, literary or artistic property, and fix their eventual transmission or communication by the Offices of the former

Austro-Hungarian Monarchy to the Offices of the States to which are transferred lerritory of the said Monarchy and to the Offices of new States.

ARTICLE 275.

Without prejudice to other provisions of the present Treaty, the Austrian Gor- ernment undertakes so far as it is concerned to hand over to any Power to which terri- lory of the former Austro-Hungarian Monarchy is transferred, or which arises from the dismemberment of that Monarchy, such portion of the reserves accumulated by the Governments or the administrations of the former Austro-Hungarian Monarchy, or by public or private organisations under their control, as is attributable to the carrying on of Social or State Insurance in such territory.

The Powers to which these funds are handed over must apply them to the per- formance of the obligations arising from such insurances.

The conditions of the delivery will be determined by special conventions 1o be concluded between the Austrian Government and the Governments concerned.

In case these special conventions are not concluded in accordance with the above paragraph within three months after the coming into force of the present Trealy, the conditions of transfer shall in each case be referred to a Commission of five members, one of whom shall be appointed by the Austrian Government, one by the other inter- ested Government and three by the Governing Body of the International Labour

Office from the nationals of other States. This Commission shall by majority vote within three months after appointment adopt recommendations for submission to the

Council of the League of Nations, and the decisions of the Council shall forthwith be accepted as final by Austria and the other Government concerned.
1 324ー

[152]

PART XI.

AERIAL NAVIGATION.

ARTICLE 276.

The aircraft of the Allied and Associated Powers shall have full liberty of passage and landing over and in the territory of Austria and shall enjoy the same privileges as Austrian aircraft, particularly in case of distress.

ARTICLE 277.

The aircraft of the Allied and Associated Powers shall, while in transit to any foreign country whatever, enjoy the right of flying over the territory of Austria without landing, subject always to any regulations which may be made by Austria, and which shall be applicable equally to the aircraft of Austria and to those of the

Allied and Associated countries.

ARTICLE 278.

All aerodromes in Austria open to national public traffic shall be open for the aurcralt of the Attied and Associated Powers, and in any such aerodrome such aircraft shail be treated on a footing of equality with Austrian aircraft as regards charges of every description, including charges for landing and accommodation.

ARTICLE 279.

Subject to the present provisions, the rights of passage, transit and landing provided for in Articles 276, 277 and 278

are subject to the observance of such

regulations as Austria may consider it necessary to enact, but such regulations shall be applied without distinction to Austrian aircraft and to those of the Allied and

Associated countries.

ARTICLE 280.

Certificates of nationality, airworthiness, or competency and licences issued or
[153]

- 325 -

recognised as valid by any of the Allied or Associaled Powers, shall be recognise.

in Austria as valid and as equivalent to the certificates and licences issued by Austria

ARTICLE 281.

As regards internal commercial air traffic, the aircraft of the Allied and Associated

Powers shall enjoy in Austria most favoured nation treatment.

ARTICLE

282.

Austria undertakes to enforce the necessary measures to ensure that all Austrian aircraft flying over her territory shall comply with the Rules as to lights and signals, ' Rules of the Air and Rules for Air Traffic on and in the neighbourhood of aero- dromes, which have been laid down in the Convention relative to Aerial Navigation concluded between the Allied and Associated Powers.

ARTICLE 283.

The obligations imposed by the preceding provisions shall remain in force until

January 1, 1923, unless before that date Austria shall have been admitted into the

League of Nations or shall have been authorised by consent of the Allied and Asso- ciated Powers to adhere 1o the Convention relative to Aerial Navigation concluded

PART XII.

PORTS, WATERWAYS AND RAILWAYS.

SECTION 1.

GENERAL PROVISIONS.

ARTICLE 284.

Austria undertales 1o grant frecdom of transit through her territories on the routes most convenient for international transit, either by rail, navigable waterway or canal, to persons, goods, vessels, carriages, magons and wails coming from or going
[154]

to the territories of any of the Allied and Associated Powers, whether contiguous or

Such persons, goods, vessels, carriages, wagons and mails shall not be subjected to any transit duty or to any undue delays or restriction, and shall be entitled in

Austria to national treatment as regards charges, facilities and all other matters.

Goods in transit shall be exempt from all customs or other similar duties.

All charges imposed on transport in transit shall be reasonable, having. regard lo the conditions of the traffic.

No charge, facility or restriction shall depend

directly or indirectly on the ownership or on the nationality of the ship or other means of transport on which any part of the through journey has been, or is to be;

accomplished.

ARTICLE 285.

Austria undertakes neither to impose nor to maintain any control over transmigratratic through her territories

beyond measures necessary

• to ensure

passengers are bond fide in transit; nor to allow any shipping company or any other private body, corporation or person interested in the traffic to take any part whatever in, or to exercise any direct or indirect influence over any administrative service that may be necessary for this purpose.

ARTICLE 286.

Austria undertakes to make no

discrimination or preference, direct or indirect,

in the duties, charges and prohibitions relating to importations into or exportations from her territories, or, subject to the special engagements contained in the present

Treaty, in the charges and conditions of transport of goods or persons entering or leaving her territories based on the frontier crossed; or on the kind, ownership, or flag of the means of transport (including aircraft) employed; or on the original or immediate place of departure of the vessel, wagon or aircraft or other means of transport employed, or its ultimate or intermediate destination; or on the roule of or places of trans-shipment on the journey; or on whether the goods are imported or exported directly through an Austrian port or indirectly through a foreign port;

or on whether the goods are imported or exported by land or by air.

Austria particularly undertakes not to establish against the ports and vessels of any of the Allied and Associated Powers any surtax or any direct or indirect bounty for export or import by Austrian ports or ships, or by those of another Power, for example by means of combined tariffs. She further undertakes that persons or goods passing through a port or using a vessel of any of the Allied and Associated Powers shall not be subjected to any formality or delay whatever to which such persons
[155]

— 327 -

or goods would not be subjected if they passed through an Austrian port or a port of any other Power, or used an Austrian vessel or a vessel of any other Power.

ARTICLE 287.

All necessary administrative and technical measures shall be taken to expedite, as much as possible, the transmission of goods across the Austrian frontiers and to ensure their forwarding and transport from such frontiers, irrespective of whether such goods are coming from or going to the territories of the Allied and Associated Powers or are in transit from or to those territories, under the same material conditions in such matters as rapidity of carriage and care en route as are enjoyed by other goods of the same kind carried on Austrian territory under similar conditions of transport.

In particular, the transport of perishable goods shall be promptly and regularly carried out, and the custons formalities shall be effected in such a way as to allon the goods to be carried straight through by trains which make connection,

ARTICLE 288.

the seaports of the Allied and Associated Powers are entitled to all favours anc o all reduced tariffs granted on Austrian railways or navigable waterways for th benefit of any port of another Power.

ARTICLE 289.

Austria may not refuse to participate in the tariffs or combinations of tariffs intended to secure for ports of any of the Allied and Associated Powers advantages similar to those granted by Austria to the ports of any other Power.

SECTION 11.

NAVIGATION.

CHAPTER 1.

FREEDOM OF NAVIGATION.

ARTICLE 290.

The nationals of any of the Allierl and Associated Powers as well as their vessels and property shall enjoy in all Austrian ports and on the inland navigation routes
_328 -

[156]

of Austria the same treatment in all respects as Austrian nationals, vessels and property.

In particular the vessels of any one of the Allied or Associated Powers shall be entitled to transport goods of any description, and passengers, to or from any ports or places in Austrian territory to which Austrian vessels may have access, under conditions which shall not be more onerous than those applied in the case of national vessels; they shall be treated on a footing of equality with national vessels as regards pori and harbour facilities and charges of every description; including facilitics for stationing, loading and unloading, and duties and charges of tonnage, harbour, pilotage, lighthouse, quarantine, and all analogous duties and charges of whatsoever nature, levied in the name of or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind.

In the event of Austria granting a preferential régime to any of the Allied or

Associated Powers or to any other foreign Power, this régime shall be extended immediately and unconditionally to all the Allied and Associated Powers.

There shall be no impediment to the movement of persons or

vessels other than

those arising from prescriptions concerning customs, police, sanitation, emigration and immigration, and those relating to the import and export of prohibited goods.

Such regulations must be reasonable and uniform and must not impede traffic unnecessarily.

CHAPTER 2.

CLAUSES RELATING TO THE DANUBE.

1. GENERAL CLAUSES RELATING TO RIVER SYSTEMS DECLARED INTERNATIONAL.

ARTICLE 291.

The following river is declared international: the Danube from Ulm; dogether with all navigable parts of this river system which naturally provide more than one

State with access to the sea, with or without transhipment from one vessel to another, as well as the portion of the course of the Morava (March) and the Thaya (Theiss) forming the frontier between Czecho-Slovakia and Austria, and lateral canals and channels constructed either to duplicate or to improve naturally navigable sections of the specified river system or to connect two naturally navigable sections of the same river.

The same shall apply to the Rhine-Danube navigable waterway, should such a waterway be constructed, under the conditions laid down in Article 308.

the alone medied ive yet yid i not indule in the

riparian States.
[157]

329 - ARTICLE 292.

On the waterways declared to be international in the preceding Article, the nat- ionals, property and flags of all Powers shall be treated on a footing of perfect equal- ity, no distinction being made, to the detriment of the nationals, property or flag of any Power, between them and the nationals, property or flag of the riparian State itself or of the most favoured nation.

ARTICLE 293.

Austrian vessels shall not be entitled to carry passengers or goods by regular ser- vices between the ports of any Allied or Associated Power, without special authority from such Power.

ARTICLE 294.

Where such charges are not precluded by any existing

convention, charge

varying on different sections of a river may be levied on vessels using the navigable channels or their approaches, provided that they are intended solely to cover equitab- approaches, or to meet expenditure incurred in the interests of navigation.

schedule of such charges shall be calculated on the basis of such expenditure and shail be posted up in the ports.

These charges shall be levied in such a manner as

to render any detailed examination of cargoes unnecessary, except in cases of suspec- ted fraud or contravention.

ARTICLE 295.

The transit of vessels, passengers and goods on these waterways shall be eflected in accordance with the general conditions prescribed for transit in Section I

When the two banks of an international river are within the same State goods in transit may be placed under seal or in the custody of customs agents.

river forms a frontier goods and passengers in transit shall be exempt from all customs formalities; the loading and unloading of goods, and the embarkation and disembar- kation of passengers, shall only take place in the ports specified by the riparian

ARTICLE 296.

No dues of any kind other than those provided for in this Part shall be levied along the course or at the mouth of these waterways.

This provision shall not prevent the fixing by the riparian States of customs, local octroi or consumption duties, or the creation of reasonable and uniform charges levied in the ports, in accordance with public tariffs, for the use of cranes, elevators, quays, warehouses and other similar constructions.
_ 330 - ARTICLE 297.

[158]

In default of any special organisation for carrying

out the works connected with

the upkeep and improvement of the international

portion of a navigable system,

cach riparian State shall be bound to take the necessary measures to remove any obstacle or danger to navigation and to ensure the maintenance of good conditions of navigation.

If a State neglects to comply with this obligation any riparian State, or any Stale represented on the International Commission, may appeal to the tribunal instituted for this purpose by the League of Nations.

ARTICLE 298.

The same procedure shall be followed in the case of a riparian Stale undertaking any works of a nature to impede navigation in the international section. The tribunal mentioned in the preceding Article shall be entitled to enforce the suspension or suppression of such works, making due allowance in its decisions for all rights in connection with irrigation, water-power, fisheries and other national interests, which, with the consent of all the riparian States or of all the States represented on the International Commission, shall be given priorily over the requirements of navigation.

Appeal to the tribunal of the League of Nations does not require the suspension of the works.

ARTICLE 299.

The régime set out in Articles 292 and 294 to 298 above shall be superseded by one to be laid down in a General Convention drawn up by the Allied and Associated Powers, and approved by the League of Nations, relating to the waterways recognised in such Convention as having an international character. This Convention shall apply in particular to the whole or part of the above-mentioned river system of the Danube, and such other parts of that river system as may be covered by a general definition.

Austria undertakes, in accordance with the provisions of Article 33l, to adhere to the said General Convention.

ARTICLE 300.

Austria shall

cede to the Allied and Associated Powers concerned, within a

maximum period of three months from the date on which notification shall be given her, a proportion of the tugs and vessels remaining registered in the ports of the river system referred to in Article 291 after the deduction of those surrendered by way of restitution or reparation. Austria shall in the same way cede material of all kinds necessary to the Allied and Associated Powers concerned for the utilisation of that river system.

The number of the tugs and boats, and the amount of the material so ceded, and their distribution, shall be determined by an arbitrator or arbitrators nominated by the United States of America, due regard being had to the legitimate needs of the
[15g]

13131-

parties concerned, and particularly to the shipping traffic during the five years pre- ceding the war.

All craft so ceded shall be provided with their fittings and gear, shall be in a good state of repair and in condition to carry goods, and shall be selected from among those most recently built.

Wherever the cessions made under the present Article involve a change of owner- ship, the arbitrator or arbitrators shall determine the rights of the former owners as they stood on October 15, 1918, and the amount of the compensation to be paid to them, and shall also direct the manner in which such payment is to be effected in each case. If the arbitrator or arbitrators find that the whole or part of this sum will revert directly or indireclly to States from whom reparation is due, they shall decide the sum to be placed under this head to the credit of the said States.

As regards the Danube the arbitrator or arbitrators referred to in this Article will also decide all questions as to the permanent allocation and the conditions thereof of the vessels whose ownership or nationality is in dispute between Stales.

Pending final allocation the control of these vessels shall be vested in a Commis- sion consisting of representalives of the United States of America, the British Em- pire, France and Italy, who will be empowered to make provisional arrangements for the working of these vessels in the general interest by any local organisation, or failing such arrangements by themselves, without prejudice to the final allocation.

As far as possible these provisional arrangements will be on a commercial basis, the net receipts by the Commission for the hire of these vessels being disposed of as directed by the Reparation Commission.

2. SPECIAL CLAUSES RELATING TO THE DANUBE.

- ARTICLE 301.

The European Commission of the Danube reassumes the powers it possessed be- fore the war.

Nevertheless, as a provisional measure, only representatives of Great

Britain, France, Italy and Romania shall constitute this Commission.

ARTICLE 302.

From the point where the competence of the European Commission ceases, the

Danube system referred to in Article 291 shall be placed under the administration of an International Commission composed as follows :

2 representatives of German riparian States;

1 representative of each other riparian State;

1 representative of each non-riparian State represented in the future on the buro- pean Commission of the Danube.

TR. A

83.
- 332 —

If certain of these representatives cannot be appointed at the lime of the coming into force of the present Treaty, the decisions of the Commission shall nevertheless be valid.

ARTICLE 303.

The International Commission provided for in the preceding

Article shall meet

as soon as possible after the coming into force the present Treaty, and shall undertake provisionally the administration of the river in conformity with the provisions ot Articles 292 and 294 to 298, until such time as a definitive statute regarding the

Danube is concluded by the Powers nominated by the Allied and Associated Powers.

The decisions of this International Commission shall be taken by a majority vote.

The salaries of the Commissioners shall be fixed and paid by their respective countries.

As a provisional measure any deficit in the administrative expense of this International Commission shall be borne equally by the States represented on the Commis- In particular this Commission shall regulate the licensing of

pilots, charges for

pilotage and the administration of the pilot service.

ARTICLE 304.

Austria agrees to accept the regime which shall be laid down for the Danube by a Conference of the Powers nominated by the Allied and Associated Powers, which shall meet within one year after the coming into force of the present Treaty, and at which Austrian representatives may be present.

ARTICLE 305.

The mandate given by Article 57 of the Trealy of Berlin of July 13, 1878, to

Austria-Hungary, and transferred by her to Hungary, to carry out works at the Iron

Gates, is abrogated. The Commission entrusted with the administration of this part of the river shall lay down provisions for the settlement of accounts subject to the financial provisions of the present Treaty. Charges which may be necessary shall in no case be levied by Hungary.

ARTICLE 306.

Should the Czecho-Slovak State, the Serb-Croat-Slovene State, or Roumania, with the authorisation of or under mandate from the International Commission, undertake maintenance, improvement, weir, or other works or a part of the river system which forms a frontier, these States shall enjoy on the opposite bank, and also on the part of the bed which is outside their territory, all necessary facilities for the survey, execution and maintenance of such works,
[161]

ata 333 - ARTICLE 307.

Austria shall be obliged to make to the 'European Commission of the Danube all restitutions, reparations and indemnities for damages inflicted on the Commission during the war.

ARTICLE 308.

Should a deep-draught Rhine-Danube navigable walerway be constructed, Austria hereby underlakes lo accept the application to the said navigable waterway of the same régime as that prescribed in Articles 292 and 294 to 299 of the present

Trealy.

CHAPTER II.

HYDRAULIC SYSTEM.

ARTICLE 309.

In default of any provisions to the contrary, when as the result of the fixing of a new frontier the hydraulic system (canalisation, inundations, irrigation, drainage or similar matters) in a State is dependent on works executed within the territory of another State, or when use

is made on the territory

of a State, in virtue

of pre-war usage, of water or hydraulic power, the source of which is on the terri- tory of another State, an agreement shall be made between the States concerned to safeguard the interests and rights acquired by each of them.

Failing an agreement, the matter shall be regulated by an arbitrator appointed by the Council of the League of Nations.

ARTICLE 310.

Unless otherwise provided, when use is made for municipal or domestic purposes in one State of electricily or water, the source of which as the result of the fixing of a new frontier is on the territory of another Stale, an agreement shall be made between the States concerned to safeguard the interests and rights acquired by each

Pending an agreement, central electric stations and waterworks shall be required to continue the supply up to an amount corresponding to the undertakings and con- tracts in force on November 3, 1918.

Failing an agreement, the matter shall be regulated by an arbitrator appointed by the Council of the League of Nations.

84
- 334 -

[162]

SECTION I.

RAILWAYS.

CHAPTER I.

FREDDOM OF TRANSIT TO THE ADRIATIC FOR AUSTRIA.

ARTICLE 311.

Free access to the Adriatic Sea is accorded to Austria, who with this object will enjoy freedom of transit over the territories and in the ports severed from the former Austro-Hungarian Monarchy.

Freedom of transit is the freedom defined in Article 284 until such time as a

General Convention on the subject shall have been concluded between the Allied and

Associated Powers, whereupon the dispositions of the new Convention shall be substituted therefore.

Special conventions between the States or Administrations concerned will lay down the conditions of the exercise of the right accorded above, and will settle in particular the method of using the ports and the free zones existing in them, the establishment of international (joint) services and tariffs including through tickets and waybills, and the maintenance of the Convention of Berne of October 14, 1890 and its supplementary provisions until its replacement by a new Convention.

Freedom of transit will extend to postal, telegraphic and telephonic services.

CHAPTER 2.

CLAUSES RELATING TO INTERNATIONAL TRANSPORT.

ARTICLE 312.

Goods coming from the territories of the Allied and Associated Powers, and going to Austria, or in transit through Austria fron or to the territories of the Allied and

Associated Powers, shall enjoy on the Austrian railways as regards charges to be collected (rebates and drawbacks being taken into account), facilities, and all other matters, the most favourable treatment applied to goods of the same kind carried on
{163]

- 335 -

any Austrian lines, either in internal traffic, or for export, import or in transit, under similar conditions of transport, for example as regards length of route.

rule shall be applied, on the request of one or more of the Allied and Associated

Powers, to goods specially designated by such Power or Powers coming from Austria and going to their territories.

International tariffs established in accordance with the rates referred to in the pre- ceding paragraph and involving through way-bills shall be established when one of the Allied and Associated Powers shall require it from Austria.

However, without prejudice to the provisions of Articles 288 and 289, Austria undertakes to maintain on her own lines the régime of tariffs existing before the war as regards traffic to Adriatic and Black Sea ports, from the point of view of competition with North German ports.

ARTICLE 313.

From the coming into force of the present Treaty the High Contracting Parties shall renew, in so far as concerns them and under the reserves indicated in the second paragraph of the present Article, the Conventions and Arrangements signed at Berne on October 14, i8go, September 20, 18g3, July 16, 18g5,

June 16, 18g8, and September 19, 1906, regarding the transportation of goods by

If within five years from the date of the coming into force of the present Treaty a new Convention for the transportation of passengers, luggage and goods by rail shall have been concluded to replace the Berne Convention of October 14, 18go, and the subsequent additions referred to above, this new Convention and the supple- mentary provisions for international transport by rail which may be based on it shall bind Austria, even if she shall have refused to take part in the preparation of the

Convention or to subscribe to it. Until a new Convention shall have been concluded,

Austria shall conform to the provisions of the Berne Convention and the subsequent additions referred to above, and to the current supplementary provisions.

ARTICLE 314.

Austria shall be bound to co-operate in the establishment of through ticket ser- vices (for passengers and their luggage) which shall be required by any

Allied and Associated Powers to ensure their communication by rail with each other and with all other countries by transit across the territories of Austria; in particular

Austria shall, for this purpose, accept trains and carriages coming from the ter-.

ritories of the Allied and Associated Powers and shall forward them with a speed at least equal to that of her best long-distance trains on the same lines. The rates applicable to such through services shall not in any case be higher than the rates collected on Austrian internal services for the same distance, under the same condi- tions of speed and comfort.

TR. A.

84.
a 3336 miss

1164]

The tarifis applicable under the same conditions of speed and comfort to the transportation of emigrants going to or coming from ports of the Allied and Associated Powers and using the Austrian railways, shall not be at a higher kilometric rale than the most favourable tarifls (drawbacks and rebales being taken into account)

enjoyed on the said railways by emigrants going to or coming from any other ports.

ARTICLE 315.

Austria shall not apply specially to such through services,

or to the transpor-

tation of emigrants going to or coming from the ports of the Allied and Associated would be to impede or delay such services.

ARTICLE 316.

In case of transport partly by rail and partly by internal navigation, with or without through way-bill, the preceding Articles shall apply to the part of the journey performed by rail.

CHAPTER 3.

ROLLING - STOCK.

ARTICLE 317.

Austria undertakes that Austrian wagons shall be fitled with apparatus allowing :

(1) of their inclusion in goods trains on the lines of such of the Allied and

Associaled Powers as are parties to the Berne Convention of May 15, 1886, as modified on May 18, 1907, without hampering the action of the continuous brake which may be adopted in such countries within ten years of the coming into force of the present Treaty, and

(2) of the inclusion of wagons of such countries in all goods trains on Austrian lines.

The rolling stock of the Allied and Associated Powers shall enjoy on the Austrian lines the same treatment as Austrian rolling stock as regards movement, upkeep and
| 165]

- 337 - CHAPTER 4.

TRANSFERS OF RAILWAY LINES.

ARTICLE 318.

Subject to any special provisions concerning the transfer of ports, walerways and railways situated in the territories transferred under the present Treaty, and to the financial conditions relating to the concessionnaires and the pensioning of the per- sonnel, the transfer of railivays will take place under the following conditions:

(1) The works and installations of all the railroads shall be handed over complete and in good condition.

19:8, and in a normal state of upkeep.

(3) Asregards lines without any special rolling-stock, the distribution of the stock existing on the system to which these lines belong shall be made by Commissions of experts designated by the Allied and Associated Powers, on which Austria shall be represented. These Commissions shall have regard to the amount of the male- rial registered on these lines in the last inventory before November 3, 1918, the length of track (sidings included), and the nature and amount of the traffic.

These Commissions shall also specify the locomolives, carriages and wagons lo be handed over in cach case; they shall decide upon the conditions of their acceptance, and shall make the provisional arrangements necessary to ensure their repair in

Austrian workshops.

(4) Stocks of stores, fillings and plant shall be handed over under the same con- ditions as the rolling-stock.

The provisions of paragraphs 3 and 4 above shall be applied to the lines of former

Russian Poland converted by the Austro-Hungarian authorities to the normal gauge, such lines being regarded as delached from the Austrian and Hungarian State systems.

CHAPTER 5.

PROVISIONS RELATING TO CERTAIN RAILIAY LINES.

ARTICLE: 319.

When as a result of the fixing of new frontiers a railway connection between livo parts of the same country crosses another country, or a branch line from one country has its terminus in another, the conditions of working, if not specifically provided for

TR. A.
- 338 —

1166]

in the present Treaty, shall be laid down in a convention belween the railway administrations concerned. If the administrations cannot come to an agreement as to the terms of such convention, the points of difference shall be decided by commissions of experts composed as provided in the preceding Article.

The establishment of all the new frontier stations between Austria and the contiguous Allied and Associaled States, as well as the working of the lines between those stations, shall be settled by agreements similarly concluded.

ARTICLE 320.

With the object of ensuring regular utilization of the railroads of the former

Austro-Hungarian Monarchy owned by private companies which, as a result of the stipulations of the present Trealy, will be situated in the territory of several States, the administrative and technical re-organization of the said lines shall be regulated in each instance by an agreement between the owning company and the States territorially concerned.

Any differences on which agreement is not reached, including questions relating to the interpretation of contracts concerning the expropriation of the lines, shall be submitted to arbitrators designated by the Council of the League of Nations.

This arbitration may, as regards the South Austrian Railway Company, be required either by the Board of Management or by the Committee representing the bond-holders.

ARTICLE 321.

Within a period of five years from the coming into force of the present Trealy,

Haly may require the construction or improvement on Austrian territory of the new transalpine lines of the Col de Reschen and the Pas de Predil. Unless Austria be paid by Italy. An arbitrator appointed by the Council of the League of Nations shall, after the lapse of such period as may be fixed by the Council, determine the portion of the cost of construction or improvement which must be repaid by Austria 1o Iialy on account of the increase of revenue on the Austrian railway system resulting from these works.

Austria shall hand over to Italy gratuitously the surveys, with their annexes, for the construction of the following railway lines:

The line from Tarvis to Trieste by Raibl, Plezzo, Caporetto, Canale and Gorizia;

The local line from S. Lucia de Tolmino to Caporetto ;

The line from Tarvis to Plezzo (new scheme);

The Reschen line connecting Landeck and Mals.
1167)

—339 - ARTICLE 322.

In view of the importance lo the Czecho-Slovak Stale of free communication between that Stale and the Adriatic, Austria recognises the right of the Czecho- Slovak State 1o run its own trains over the sections included within her territory of the following lines:

(1) from Bratislava (Pressburg) towards Fiume via Sopron, Szembathely and

Mura Keresztur, and a branch from Mura Keresztur to Pragerhof;

(2) from Budejovic (Budweiss) towards Trieste via Linz, S. Michael, Klagen- furt, and Assling, and the branch from Klagenfurt towards Tarvisio.

On the application of either party, the route to be followed by the Czecho- Slovak trains may be modified either permanently or temporarily by mutual agreement betwen the Czecho-Slovak Railway Administration and those of the railways over which the running powers are exercised.

ARTICLE 323.

The trains for which the running powers are used shall not engage in local trallic, except by agreement between Austria and the Czecho-Slovak State.

Such running powers will include, in particular, the right to establish running sheds with small shops for minor repairs to locomotives and rolling stock, and to appoint re presentatives where necessary lo supervise the workingol Czecho-Slovak trains.

ARTICLE 324.

The technical, administrative and financial conditions under which the rights of the Czecho-Slovak State shall be exercised shall be laid down in a Convention belween the railway administration of the Czecho-Slovak State and the railway administrations of the Austrian systems concerned. If the Administrations cannol shall be decided by an arbitrator nominated by Great Brilain, and his decisions shall be binding on all parties.

In the event of disagreement as lo the interpretation of the Convention or of diffi- culties arising unprovided for in the Convention, the same form of arbitration will be adopted until such time as the League of Nations may lay down some other procedure.

CHAPTER 6.

TRANSITORY PROVISION.

ARTICLE 325.

Austria shall carry out the instructions given her, in regard to transport, by an authorised body acting on behalf of the Allied and Associaled Powers:

(1) for the carriage of troops under the provisions of the present Trealy, and of material, ammunition and supplies for army use;

TR. A.

85.
— 340 —

[168]

(2) as a temporary measure, for the transporlation of supplies for certain regions, as well as for the restoration, as rapidly as possible, of the normal conditions of transport, and for the organisation of postal and telegraphic services.

CHAPTER 7.

TELEGRAPHS AND TELEPHONES.

ARTICLE

326.

Notwithstanding any contrary stipulations in existing trealies, Austria undertakes lo grant freedom of transit for telegraphic correspondence and telephonic communirations coming from or going to any one of the Allied and Associated Powers, whether neighbours or not, over such lines as may be most suitable for international transit and in accordance with the tariffs in force. This correspondence and these communications shall be subjected to no unnecessary delay or restriction; they shall enjoy in.

Austria national treatment in regard to every kind of facility and especially in regard 1o rapidity of transmission. No payment, facility or restriction shall depend directly or indirectly on the nationality of the transmitter or the addressee.

ARTICLE 327.

In view of the geographical situation of the Czecho-Slovak State Austria agrees to the following modifications in the International Telegrapl and Telephone Convenlions referred to in Article 235, Part X (Economic Clauses), of the present Trealy :

(1) On the demand of the Czecho-Slovak Stale Austria shall provide and maintain trunk telegraph lines across Austrian territory.

(2) The annual rent to be paid by the Czecho-Slovak State for each of such lines will be calculated in accordance with the provisions of the above-mentioned Conrentions, but unless otherwise agreed shall not be less than the sum that would be payable under those Conventions for the number of messages laid down in those

Conventions as conferring the right to demand a new trunk line, taking as a basis the reduced tariff provided for in Article 23, paragraph 5, of the International Telegraph

Convention as revised at Lisbon.

(3) So long as the Czecho-Slovak State shall pay the above minimum annual rent of a trunk line:

(a) the line shall be reserved exclusively for transit trallic to and from the Czecho- Slovak Stale:

(4) the faculty given to Austria by Article Sol the International Telegraph Con-
• [169]

vention of July 22, 1875, lo suspend international telegraph services shall not apply lo that line.

(4) Similar provisions will apply to the provision and maintenance of trunk telephone circuits, but the rent payable by the Czecho-Slovak State for a trunk telephone circuit shall, unless otherwise agreed, be double the rent payable for a trunk telegraph line.

(5) The particular lines to be provided together with any necessary administrative, lechnical and financial conditions not provided for in existing International Conven- tions or in this Article shall be fixed by a further convention detween the States con- cerned. In default of agreement on such convention they will be fixed by an arbi- trator appointed by the Council of the League of Nations.

(6) The stipulations of the present Article may be varied at any time by agreement between Austria and the Czecho-Slovak State. After the expiration of ten years from the coming into force of the present Treaty the conditions under which the Czecho- Slovak State shall enjoy the rights conferred by this Article may, in default of agre- ment by the parties, be modified at the request of either party by au arbitrator desi- gnated by the Council of the League of Nations.

(7) In case of any dispute between the parties as to the interpretation either or this Article or of the convention referred to in paragraph 5, this dispute shall be submitted for decision to the Permanent Court of International Justice to be estab- lished by the League of Nations.

SECTION IV.

DISPUTES AND REVISION OF PERMANENT CLAUSES.

ARTICLE 328.

Disputes which may arise between interested Powers with regard to the interpre- tation and application of this Part of the present Trealy shall be settled as provided by the League of Nations.

ARTICLE 329.

abore Articles as relate to a permanent administrative régime.

eage / ain may reconnend the revision of such of the

86

TR. A.
- 342 —

(170]

ARTICLE 330.

The stipulations in Articles 284 to 290, 293, 312, 314 to 316, and 326 shall be subject to revision by the Council of the League of Nations at any time after three years from the coming into force of the present Treaty.

Failing such revision, no Allied or Associated Power can claim after the expiration of the above period of three years the benefit of any of the stipulations in the

Articles enumerated above on behalf of any portion of its territories in which reciprocity is not accorded in respect of such stipulations. The period of three years during which reciprocity cannot be demanded may be prolonged by the Council of the League of Nations.

The benefit of the stipulations mentioned above cannot be claimed by States to which territory of the former Austro-Hungarian Monarchy has been transferred, or which have arisen out of the dismemberment of that Monarchy, except upon the footing of giving in the territory passing under their sovereignty in virtue of the present Treaty reciprocal treatment to Austria.

SECTION V.

SPECIAL PROVISION.

ARTICLE 331.

Without prejudice to the special obligations imposed on her by the present Treaty for the benefit of the Allied and Associated Powers, Austria undertakes to adhere to any General Conventions regarding the international régime of transit, waterways, ports or railways which may be concluded by the Allied and Associated Powers, with the approval of the League of Nalions, within five years from the coming into force of the present Treaty.

PART XII.

LABOUR.

SECTION I.

ORGANISATION OF LABOUR.

Whereas the League of Nations has for its object the establishment of universat peace, and such a peace can be established only if it is based upon social justice;
[171]

- 343 -

And whereas conditions of labour exist involving such injustice, hardship and pri- vation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required: as,

for example, by the regulation of the hours of work, includ-

ing the establishment of a maximum working day and week, the regulation of the labour supply, the prevention of unemployment, the provision of an adequate living wage, the protection of the worker against sickness, disease and injury arising out of his employment, the protection of children, young persons and women, provision for old age and injury, protection of the interests of workers when employed in countries other than their own, recognition of the principle of freedom ot associa- tion, the organisation of vocational and technical education and other measures;

Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries;

The High Contracting Parties, moved by sentiments of justice and humanity as well as by the desire to secure the permanent peace of the world, agree to the tollowing:

CHAPTER I.

ORGANISATION.

ARTICLE 332.

A permanent organisation is hereby established for the promotion of the objects set forth in the Preamble.

The original Members of the League of Nations shall be the original Members ol this organisation, and hereafter membership of the League of Nations shall carry with it membership of the said organisation.

ARTICLE 333.

The permanent organisation shall consist of :

(1) a General Conference of Representatives of the Members, and

(2) an International Labour Office controlled by the Governing Body described in Article 338.

ARTICLE 334.

The meetings of the General Conference of Representatives of the Members shall be held from time to time as occasion may require, and at least once in every year.

TR. A.

86.
It shall be composed of four Representatives of each of the Members, of whom two shall be Government Delegates and the two others shall be Delegates representing respectively the employers and the workpeople of each of the Members.

Each Delegate may be accompanied by advisers, who shall not exceed two in number for each item on the agenda of the meeting.

When questions specially

affecting women are to be considered by the Conference, one at least of the advisers should be a woman.

The Members undertake to nominate non-Government Delegates and advisers chosen in agreement with the industrial organisations, if such organisations exist, which are most representative of employers or workpeople, as the case may be, in their respective countries.

dvisers shall not speak except on a request made by the Delegate whom they ccompany and by the special authorisation of the President of the Conference, an may not vote.

A Delegate may by notice in writing addressed to the President appoint one of his advisers to act as his deputy, and the adviser, while so acting, shall be allowed to speak and vote.

The names of the Delegates and their advisers will be communicated to the Inter- national Labour Office by the Government of each of the Members.

The credentials of Delegates and their advisers shall be subject to scrutiny by the

Conference, which may, by two-thirds of the votes cast by the Delegates present, refuse to admit any Delegale or adviser whom it deems not to have been nominated in accordance with this Article.

ARTICLE 335.

Every Delegate shall be

entitled to vote individually on all matters which are

taken into consideration by the Conference.

If one of the Members fails to nominate one of the non-Government Delegates whom it is entitled to nominate, the other non-Government Delegate shall be allowed to sit and speak at the Conference, but not to vote.

If in accordance with Article 334 the Conference refuses admission to a Delegate of one of the Members, the provisions of the present Article shall apply as if that Del...

gate had not been nominated.

ARTICLE 336.

The meetings of the Conference shall be held at the seal of the League of Nations, or at such other place as may be decided by the Conference at a previous meeting by two-thirds of the votes cast by the Delegates present.
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ARTICLE 337.

The International Labour Office shall be established at the seat of the League of

Nations as part of the organisation of the League.

ARTICLE 338.

The International Labour Office shall be under the control of a Governin® Boby consisting of twenty-four persons, appointed in accordance with the following pro-

I welve persons representing the Governments;

Six persons elected by the Delegates to the Conference representing the em- ployers ;

Six persons elected by the Delegales to the Conference representing the workers.

Of the twelve persons representing the Governments eight shall be nominated by the Members which are of the chief industrial importance, and four shall be nomi- nated by the Members selected for the purpose by the Government Delegates to the

Conference, excluding the Delegates of the eight Members mentioned above.

Any question as to which are the Members of the chief industrial importance shall be decided by the Council of the League of Nations.

The period of office of the Members of the Governing Body will be three years.

The method of filling vacancies and other similar questions may be determined by the Governing Body subject to the approval of the Conference.

The Governing Body shall, from time to lime, elect one of its members to act as ils Chairman, shall regulate its own procedure and shall fix its own times of inceling.

A special meeling shall be held if a written request to thal effect is made by at least ten members of the Governing Body.

ARTICLE 339.

There shall be a Director of the International Labour Office, who shall be appointed by the Gorerning Body, and, subject to the instructions of the Governing Borly, shall he responsible for the efficient conduct of the International Labour Office and for such other duties as may be assigned to him.

The Director or his deputy shall attend all meetings of the Governing Body.

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ARTICLE 340.

The stafl of the International Labour Office shall be appointed by the Director, who shall, so far as is possible with due regard to the efficiency of the work of the Office, select persons of different nationalities. A certain number of these persons shall be women.

ARTICLE 341.

The functions of the International Labour. Office shall include the collection and distribution of information on all subjects relating to the international adjustment of conditions of industrial life and labour, and particularly the examination of subjects which it is proposed to bring before the Conference with a view to the conclusion of international conventions, and the conduct of such special investigations as may be ordered by the Conference.

It will prepare the agenda for the meetings of the Conference.

It will carry out the duties required of it by the provisions of this Part of the present Treaty in connection with international disputes.

It will edit and publish in French and English, and in such other languages as the

Governing Body may think desirable, a periodical paper dealing with problems of industry and employment of international interest.

Generally, in addition to the functions set out in this Article, it shall have such other powers and duties as may be assigned to it by the Conference.

ARTICLE 342.

The Government Departments of any of the Members which deal with questions of industry and employment may communicate directly with the Director through the

Representative of their Government on the Governing Body of the International

Labour Office, or failing any such Representative, through such other qualified official as the Government may nominate for the purpose.

ARTICLE 343.

The International Labour Office shall be entilled to the assistance of the Secretary.

General of the League of Nations in any matter in which it can be given.

ARTICLE 344.

• Each of the Members will pay the travelling

and subsistence expenses of its
Delegates and their advisers and of its Representatives attending the meetings of the

Conference or Governing Body, as the case may be.

All the other expenses of the International Labour Office and of the meetings of the Conference or Governing Body shall be paid to the Director by the Secretary- General of the League of Nations out of the general funds of the League.

The Direclor shall be responsible to the Secretary-General of the League for the proper expenditure of all moneys paid to him in pursuance of this Article.

CHAPTER II.

PROCEDURE.

ARTICLE 345.

The agenda for all meelings of the Conference will be settled by the Governing

Body, who shall consider any suggestion as to the agenda that may be made by the

Government of any of the Members or by any representative organisation recognised for the purpose of Article 334.

ARTICLE 346.

The Director shall act as the Secretary of the Conference, and shall transmit the agenda so as to reach the Members four months before the meeting of the Con- ference, and, through them, the non-Government Delegates when appointed.

ARTICLE 347.

Any of the Governments of the Members may formally object to the inclusion of any item or items in the agenda.

The grounds for such objection shall be set forth

in a reasoned statement addressed to the Director, who shall circulate it to all the

Members of the Permanent Organisation.

Items to which such objection has been made shall not, however, be excluded from the agenda, if at the Conference a majority of two-thirds of the votes cast by the Delegates present is in favour of considering them.

If the Conference decides (otherwise than under the preceding paragraph) by two- thirds of the votes cast by the Delegates present that any subject shall be considered by the Conference, that subject shall be included in the agenda for the following
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ARTICLE 348.

The Conference shall regulate its own procedure, shall elect its own President, and may appoint committees to consider and report on any matter.

Except as otherwise expressly provided in this Part of the present Treaty, all matters shall be decided by a simple majority of the votes cast by the Delegates present.

The voting is void unless the lotal number of votes cast is equal to half the number of the Delegates attending the Conference.

ARTICLE 349.

The Conference may add to any committees which it appoints technical experts, who shall be assessors without power to vole.

ARTICLE 350.

When the Conference has decided on the adoption of proposals with regard lo an item in the agenda, it will rest with the Conference to determine whether these proposals should

take the form: (a) of a recommendation to be submitted to the

Members for consideration with a view to effect being given to it by national legisla- tion or otherwise, or (b) of a draft international convention for ratification by the

Members.

In either case a majority of two-thirds of the votes cast by the Delegates present shall be necessary on the final vote for the adoption of the recommendation or draft convention, as the case may be, by the Conference.

In framing any recominendation or draft convention of general application the

Conference shall have due regard to those countries in which climatic conditions, the imperfect development of industrial organisation or other special circumstances make the industrial conditions substantially different and shall suggest the modifica- tions, if any, which it considers may be required to meet the case of such countries.

A copy of the recommendation or draft convention shall be authenticated by the signature of the President of the Conference and of the Director and shall be deposiled with the Secretary-General of the League of Nations. The Secretary- General will communicate a certified copy of the recommendation or draft conven- tion to each of the Members.

Each of the Members undertakes that it will, within the period of one year at most from the closing of the session of the Conference, or if it is impossible owing to exceptional circumslances to do so within the period of one year, then at the carliest practicable moment and in no case later than eighteen months from the closing of the session of the Conference, bring the recommendation or draft conven- tion before the authorily of authorities within whose compelence the matter lies, for the cnactment of legislation or other action.