Joint Resolution Terminating the state of war between the Imperial German Government and the United States of America and between the Imperial and Royal Austro-Hungarian Government and the United States of America.1 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war declared to exist between the Imperial German Government and the United States of America by the joint resolution of Congress approved April 6, 1917 [40 Stat. 1], is hereby declared at an end. SEC. 2. That in making this declaration, and as a part of it, there are expressly reserved to the United States of America and its nationals any and all rights, privileges, indemnities, reparations, or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed November 11, 1918, or any extensions or modifications thereof; or which were acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have thereby become rightfully entitled; or which, under the treaty of Versailles, have been stipulated for its or their benefit; or to which it is entitled as one of the principal allied and associated powers; or to which it is entitled by virtue of any Act or Acts of Congress; or otherwise. SEC. 3. That the state of war declared to exist between the Imperial and Royal Austro-Hungarian Government and the United States of America by the joint resolution of Congress approved December 7, 1917 [40 Stat. 429], is hereby declared at an end. SEC. 4. That in making this declaration, and as a part of it, there are expressly reserved to the United States of America and its nationals any and all rights, privileges, indemnities, reparations, or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed November 3, 1918, or any extensions or modifications thereof; or which were acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have thereby become rightfully entitled; or which, under the treaty of Saint Germain-en-Laye or the treaty of Trianon, have been stipulated for its or their benefit; or to which it is entitled as one of the principal allied and associated powers; or to which it is entitled by virtue of any Act or Acts of Congress; or otherwise. SEC. 5. All property of the Imperial German Government, or its successor or successors, and of all German nationals which was, on April 6, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or of any of its officers, agents, or employees, from any source or by any agency whatsoever, and all property of the Imperial and Royal Austro-Hungarian Government, or its successor or successors, and of all Austro-Hungarian nationals which was on December 7, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or any of its officers, agents, or employees, from any source or by any agency whatsoever, shall be retained by the United States of America and no disposition 142 Stat. 105; Public Res. 8 (67th Cong., 1st sess.); S.J. Res. 16. thereof made, except as shall have been heretofore or specifically hereafter shall be provided by law until such time as the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively made suitable provision for the satisfaction of all claims against said Governments respectively, of all persons, wheresoever domiciled, who owe permanent allegiance to the United States of America and who have suffered, through the acts of the Imperial German Government, or its agents, or the Imperial and Royal Austro-Hungarian Government, or its agents, since July 31, 1914, loss, damage, or injury to their persons or property, directly or indirectly, whether through the ownership of shares of stock in German, Austro-Hungarian, American, or other corporations, or in consequence of hostilities or of any operations of war, or otherwise, and also shall have granted to persons owing permanent allegiance to the United States of America mostfavored-nation treatment, whether the same be national or otherwise, in all matters affecting residence, business, profession, trade, navigation, commerce and industrial property rights, and until the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively confirmed to the United States of America all fines, forfeitures, penalties, and seizures imposed or made by the United States of America during the war, whether in respect to the property of the Imperial German Government or German nationals or the Imperial and Royal Austro-Hungarian Government or Austro-Hungarian nationals, and shall have waived any and all pecuniary claims against the United States of America. SEC. 6. Nothing herein contained shall be construed to repeal, modify or amend the provisions of the joint resolution "declaring that certain Acts of Congress, joint resolutions and proclamations shall be construed as if the war had ended and the present or existing emergency expired," approved March 3, 1921 [41 Stat. 1359], or the passport control provisions of an Act entitled “An act making appropriations for the diplomatic and consular service for the fiscal year ending June 30, 1922," approved March 2, 1921 [41 Stat. 1217]; nor to be effective to terminate the military status of any person now in desertion from the military or naval service of the United States, nor to terminate the liability to prosecution and punishment under the Selective Service law, approved May 18, 1917 [40 Stat. 76], of any person who failed to comply with the provisions of said Act, or of Acts amendatory thereof. Approved, July 2, 1921. The text of the public resolution was cabled to Berlin on July 5 and was followed on the same day by a telegram to the commissioner at Berlin inquiring whether the German Government intended to question in any way any of the rights, interests, and advantages stipulated for the benefit of the United States in the treaty of peace. The resolution indicated, said the Secretary of State, "that the United States will not enter into any treaty which fails to secure them". The commissioner's communication was to "be informal, but we desire an authoritative and definite answer" (Foreign Relations, 1921, 11, 6). On the 22d the German Minister for Foreign. Affairs transmitted a paper "which shows the attitude taken by the 695852 0-47- -3 Reichskabinett", which, however, was "not to be regarded as an official communication to the Government of the United States". It was, said the German minister, a statement on the contents of the memorandum on the assumption that its text as presented by the commissioner "fully corresponds with the views of the American Government". The German Minister for Foreign Affairs next wished assurance that the United States would recognize any condition, limitation, or right accorded to Germany in any treaty provision under which the United States claimed a right, privilege, or advantage. The Secretary of State understood this inquiry to mean "that each provision of the Versailles Treaty must be construed in the light of its context, that is, according to its true meaning". There was "not the slightest objection to this view". It was, however, undesirable that the specific advantages claimed by the United States or the rights in Germany's favor be set forth, since that "would amount to an attempt to insert a commentary upon the Treaty of Versailles into the proposed treaty" (ibid., p. 10). This did not satisfy the Germans, and the United States agreed to insert what is the second paragraph of article II (1) of the treaty. In transmitting assent to this on August 11, the Secretary of State declined to include any reference to disposition of the holdings of the Alien Property Custodian and added that opposition or delay to completing the treaty "cannot in any possible contingency be helpful to Germany”. Germany further desired to introduce the idea of reciprocity but was eventually satisfied with the statement that the United States could reach no agreement inconsistent with the resolution of July 2 and the assurance that its intention was "to maintain all rights obtained through participation in the War and thus to maintain equal footing with co-belligerents". The treaty restoring friendly relations was signed on behalf of the United States and Germany at Berlin on August 25, 1921 and took effect by the exchange of ratifications at Berlin on November 11, 1921, in accordance with article III. It did not reestablish peace between the United States and Germany. As to the United States the state of war, which had existed since April 6, 1917, was "declared at an end" by virtue of the public resolution of July 2, 1921. In the proclamation promulgating the treaty as in force, the President proclaimed on November 14, 1921 "that the war between the United States and Germany terminated on July 2, 1921". The actual status of war had been modified in several respects prior to either date. A general license had been issued by the War Trade Board of the Department of State on March 3, 1919; a joint resolution of Congress approved March 3, 1921 (41 Stat. 1359) had suspended much war legislation; and the rest of the war powers became suspended as of July 2, 1921. By article II (5) of the treaty the United States was entitled to date any act or election under the Treaty of Versailles from January 10, 1920. As to Germany the transition from war to peace with respect to the United States was regarded by the German Government as marked by the entrance of the treaty into force on November 11, 1921. Full diplomatic relations were resumed by the United States with Germany as from November 16. The treaty restoring friendly relations between the United States and Germany did not meet with the complete approval of the Senate, which gave its advice and consent to ratification on October 18, 1921 subject to understandings, made a part of the resolution of ratification, as follows: "that the United States shall not be represented or participate in any body, agency or commission, nor shall any person represent the United States as a member of any body, agency or commission in which the United States is authorized to participate by this Treaty, unless and until an Act of the Congress of the United States shall provide for such representation or participation; "that the rights and advantages which the United States is entitled to have and enjoy under this Treaty embrace the rights and advantages of nationals of the United States specified in the Joint Resolution or in the provisions of the Treaty of Versailles to which this Treaty refers". The instrument of ratification by the President, dated October 21, 1921, records that he does "ratify and confirm the same and every clause thereof, subject to the understandings hereinabove recited". Treaty Between the United States and Germany Signed at Berlin August 25, 1921 [The vertical rule indicates treaty text.] The United States of America and Germany: Considering that the United States, acting in conjunction with its co-belligerents, entered into an Armistice with Germany on November 11, 1918, in order that a Treaty of Peace might be concluded; Considering that the Treaty of Versailles was signed on June 28, 1919, and came into force according to the terms of its Article 440, but has not been ratified by the United States; Considering that the Congress of the United States passed a Joint Resolution, approved by the President July 2, 1921, which reads in part as follows: "Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled, That the state of war declared to exist between the Imperial German Government and the United States of America by the joint resolution of Congress approved April 6, 1917, is hereby declared at an end. "SEC. 2. That in making this declaration, and as a part of it, there are expressly reserved to the United States of America and its nationals any and all rights, privileges, indemnities, reparations, or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed November 11, 1918, or any extensions or modifications thereof; or which were acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have thereby become rightfully entitled; or which, under the treaty of Versailles, have been stipulated for its or their benefit; or to which it is entitled as one of the principal allied and associated powers; or to which it is entitled by virtue of any Act or Acts of Congress; or otherwise. "SEC. 5. All property of the Imperial German Government, or its successor or successors, and of all German nationals, which was, on April 6, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand |