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THE PRESIDENT OF THE UNITED STATES OF AMERICA Alanson B. Houghton, Ambassador Extraordinary and Plenipotentiary of the United States of America to Germany,
and THE PRESIDENT OF THE GERMAN EMPIRE
Dr. Wirth, Chancellor of the German Empire, Who, having communicated their full powers, found to be in good and due form, have agreed as follows:
The commission shall pass upon the following categories of claims which are more particularly defined in the Treaty of August 25, 1921, and in the Treaty of Versailles :
(1) Claims of American citizens, arising since July 31, 1914, in respect of damage to, or seizure of, their property, rights and interests, including any company or association in which they are interested, within German territory as it existed on August 1, 1914;
(2) Other claims for loss or damage to which the United States or its nationals have been subjected with respect to injuries to persons, or to property, rights and interests, including any company or association in which American nationals are interested, since July 31, 1914, as a consequence of the war;
(3) Debts owing to American citizens by the German Government or by German nationals.
The Government of the United States and the Government of Germany shall each appoint one commissioner. The two Governments shall by agreement select an umpire to decide upon any cases concerning which the commissioners may disagree, or upon any points of difference that may arise in the course of their proceedings. Should the umpire or any of the commissioners die or retire, or be unable for any reason to discharge his functions, the same procedure shall be followed for filling the vacancy as was followed in appointing him.
The commissioners shall meet at Washington within two months after the coming into force of the present agreement. They may fix the time and the place of their subsequent meetings according to convenience.
The commissioners shall keep an accurate record of the questions and cases submitted and correct minutes of their proceedings. To this end each of the Governments may appoint a secretary, and these secretaries shall act together as joint secretaries of the commission and shall be subject to its direction.
The commission may also appoint and employ any other necessary officer or officers to assist in the performance of its duties. The compensation to be paid to any such officer or officers shall be subject to the approval of the two Governments.
Each Government shall pay its own expenses, including compensation of its own commissioner, agent or counsel. All other expenses which by their nature are a charge on both Governments, including the honorarium of the umpire, shall be borne by the two Governments in equal moieties.
The two Governments may designate agents and counsel who may present oral or written arguments to the commission.
The commission shall receive and consider all written statements or documents which may be presented to it by or on behalf of the respective Governments in support of or in answer to any claim.
The decisions of the commission and those of the umpire (in case there may be any) shall be accepted as final and binding upon the two Governments.
The present agreement shall come into force on the date of its signature.
In Faith WHEREOF, the above named plenipotentiaries have signed the present agreement and have hereunto affixed their seals. Done in duplicate at Berlin this tenth day of August 1922.
SEAL ALANSON B. HOUGHTON [SEAL] WIRTH
Treaty Series No. 665
The German Chancellor (Wirth) to the American Ambassador
[Translation) Foreign Office No. III A 2451
BERLIN, August 10, 1922. Mr. AMBASSADOR, In reply to your kind note of June 23, 1922, I have the honor to state to your Excellency as follows:
The German Government is in agreement with the draft of an agreement communicated to it in the note mentioned, now that some changes in the text have been agreed upon with your Excellency. I have the honor to transmit herewith the draft modified accordingly.
From the numerous conferences which have taken place with your Excellency, the German Government believes itself justified in assuming that it is not the intention of the American Government to insist in the proceedings of the Commission upon all the claims contemplated in the Versailles Treaty without exception, that it in particular does not intend to raise claims such as those included in Paragraphs 5 to 7 of Annex 1 of Article 244 of the Versailles Treaty (claims for reimbursement of military pensions paid by the American Government, and of allowances paid to American prisoners of war or their families and to the families of persons mobilised) or indeed claims going beyond the Treaty of August 25, 1921.
The German Government would be grateful if your Excellency would confirm the correctness of this assumption.
In the view of the German Government it would furthermore be in the interest of both Governments concerned that the work of the Commission be carried out as quickly as possible. In order to insure this it might be expedient to fix a period for the reporting of the claims to be considered by the Commission. The German Government, therefore, proposes that the Commission should consider only such claims as are brought before it within at least six months after its first meeting as provided in Article III of the above-named agreement.
I should be obliged to your Excellency for a statement as to whether the American Government is in agreement herewith. At the same time I take [etc.]
Treaty Series No. 665
The American Ambassador (Houghton) to the German Chancellor
[BERLIN), August 10, 1922. Mr. CHANCELLOR: I have the honor to acknowledge the receipt of your note of today's date transmitting the draft of the agreement enclosed to you in my note of June 23, as modified as a result of the negotiations that have been carried on between us.
In accordance with the instructions that I have received from my Government, I am authorized by the President to state that he has no intention of pressing against Germany or of presenting to the Commission established under the claims agreement any claims not covered by the Treaty of August 25, 1921, or any claims falling within Paragraphs 5 to 7, inclusive, of the annex following Article 244 of the Treaty of Versailles.
With regard to your suggestion that the Commission shall only consider such claims as are presented to it within six months after its first meeting, as provided for in Article III, I have the honor to inform you that I am now in receipt of instructions from my Government to the effect that it agrees that notices of all claims to be presented to the Commission must be filed within the period of six months as above stated.
. I avail myself [etc.]
A. B. HOUGHTON
REVIVAL OF THE PATENT AGREEMENT OF FEBRUARY 23, 1909,
BETWEEN THE UNITED STATES AND GERMANY?
811.54262/304 : Telegram
The Secretary of State to the Ambassador in Germany (Houghton)
WASHINGTON, May 6, 1922–3 p.m. 61. The Department desires you to address a note to the Foreign Office as follows:
“ The benefits of Article 289 of the Treaty of Versailles relating to the revival of bilateral treaties or conventions made with Germany by nations described in that Treaty as the Allied and Associated Powers are among those secured to the United States by the Treaty with Germany, signed on August 25, 1921,9 to restore friendly relations between the two nations. According to paragraph (5) of Article II of that Treaty, the period of time, namely, six months, within which the United States is privileged to revive any bilateral treaty or convention concluded with Germany began to run from the date of the coming into force of the Treaty, that is, on November 11, 1921, the date on which ratifications of the Treaty were exchanged.
The Government of the United States desire to revive the Patent Agreement concluded between the United States and the German Empire on February 23, 1909. By direction of my Government, I have the honor to give in its behalf to the German Government the official notification contemplated by Article 289 of the Treaty of Versailles to revive that agreement. According to the terms of that Article, the revival will take effect on this date."
You will please have this note delivered at the Foreign Office on the date which the note bears in order that there will be no doubt
For text of agreement, see Foreign Relations, 1909, p. 264.
as to the date on which the Agreement is revived, and you will telegraph the Department the date of your note in which you make notification, which you will observe must be given before May 11, 1922.
811.54262/315a : Telegram
The Secretary of State to the Ambassador in Germany (Houghton)
WASHINGTON, May 8, 1922—5 p.m. 63. Your 87, May 5, 5 P. M.°
Of treaties made with German Empire or independent German States the United States desires to revive only Patent Agreement of 1909, concerning revival of which you were instructed in Department's 61, May 6, 3 P. M. You doubtless understand that revival of that Agreement involves no negotiations with German Government, but merely notice in terms of note set forth verbatim in telegram to Embassy. If necessary, Department may further later inform you at length regarding reasons for not reviving other agreements. Respecting protection of copyrights, you may inform Foreign Office this matter is now subject of discussion with German Embassy here, and this Government perceives no reason why an understanding cannot promptly be reached to make it clear that nationals of each country shall receive the same protection as was accorded prior to war.
811.54262/308 : Telegram
The Ambassador in Germany (Houghton) to the Secretary of State
BERLIN, May 9, 1922–11 a.m.
[Received 11:35 a.m.] 92. Department's 61 May 6, 3 p.m. I handed to Von Haniel 10 yesterday a note dated May 8th containing the text of the Department's notification.
Ante, p. 242.
German Secretary of State in the Ministry of Foreign Affairs.