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Note to VIII, Annex VI—Continued
10, 1920 informed the Textile Alliance Incorporated of the conditions under which importation and sale were to continue (ibid., p. 495). Further instructions as to the purchase of German dyes for American consumption or foreign resale were sent to the Textile Alliance Incorporated by the Secretary of State on July 30, 1920 (ibid., p. 501). The Government of the United States withdrew the mandate to the Textile Alliance on December 14, 1921. The Reparation Commission, however, in the absence of objection from the United States Government, continued to deliver to the Textile Alliance the portion previously assigned the United States so far as it was required by American industry. The development of the dye industry in the United States brought these relations to an end on November 29, 1922 when the Textile Alliance informed the commission that it renounced its right to order reparation dyes, and the share allotted to the United States was distributed thereafter by the Reparation Commission to Great Britain, France, Italy, and Belgium.
The German dye industry's position in the trade had a repercussion in later years. The British Dye Stuffs Import Regulations Act, 1920 (10 & 11 Geo. V, c. 77), which was in force until 1930, gave Germany the occasion for excepting coal from the operation of the international convention on import and export prohibitions and restrictions of 1927, and that exception started the train of exceptions in which Poland figured so prominently (see article 268b). After the failure of that convention the British act was consolidated in 1933 and made permanent (24 & 25 Geo. V, c. 6).
Germany accords to the Reparation Commission an option to require as part of reparation the delivery by Germany of such quantities and kinds of dyestuffs and chemical drugs as the Commission may designate, not exceeding 50 per cent. of the total stock of each and every kind of dyestuff and chemical drug in Germany or under German control at the date of the coming into force of the present Treaty.
This option shall be exercised within sixty days of the receipt by the Commission of such particulars as to stocks as may be considered necessary by the Commission.
Germany further accords to the Reparation Commission an option to require delivery during the period from the date of the coming
into force of the present Treaty until January 1, 1920, and during each period of six months thereafter until January 1, 1925, of any specified kind of dyestuff and chemical drug up to an amount not exceeding 25 per cent. of the German production of such dyestuff's and chemical drugs during the previous six months period. If in any case the production during such previous six months was, in the opinion of the Commission, less than normal, the amount required may be 25 per cent. of the normal production.
Such option shall be exercised within four weeks after the receipt of such particulars as to production and in such form as may be considered necessary by the Commission; these particulars shall be furnished by the German Government immediately after the expiration of each six months period.
For dyestuffs and chemical drugs delivered under paragraph 1, the price shall be fixed by the Commission having regard to prewar net export prices and to subsequent increases of cost.
For dyestuffs and chemical drugs delivered under paragraph 2, the price shall be fixed by the Commission having regard to prewar net export prices and subsequent variations of cost, or the lowest net selling price of similar dyestuffs and chemical drugs to any other purchaser.
All details, including mode and times of exercising the options, and making delivery, and all other questions arising under this arrangement shall be determined by the Reparation Commission; the German Government will furnish to the Commission all necessary information and other assistance which it may require.
The above expression "dyestuffs and chemical drugs" includes all synthetic dyes and drugs and intermediate or other products used in connection with dyeing, so far as they are manufactured for sale. The present arrangement shall also apply to cinchona bark and salts of quinine.
Note to VIII, Annex VI (5)
The French text of the first sentence of this paragraph reads as follows:
Note to VIII, Annex VI (5)—Continued
"Les matières colorantes et produits chimiques pharmaceutiques visés à la présente Annexe comprennent toutes les matières colorantes et tous les produits chimiques pharmaceutiques synthétiques, ainsi que tous les produits intermédiaires et autres employés dans les industries correspondantes (English: in connection with dyeing) et fabriqués pour la vente."
The English text of this sentence does not make it clear whether the commission's option extends to intermediates used in the manufacture of dyestuffs. Since the Allied experts were of the opinion that it was desirable to encourage their dye producers to manufacture their own intermediates, the Reparation Commission did not undertake to interpret the sentence, but provisionally limited its option to the intermediates used in dyeing and printing. The protocol of May 31, 1920 limited delivery of these to the quantities delivered before the war for the same use to the respective countries. However, Germany was manufacturing new products and certain old products were being more extensively employed. It was, therefore, arranged that the products especially employed in manufacture could be passed for an unlimited quantity provided they were employed only for dyeing and printing and were not reexported; but those products especially employed in dyeing or printing were limited to the 25 per cent option.
A total of 1,013,847 kilograms of pharmaceuticals, valued at 13,550,944 gold marks, had been delivered under a protocol dated October 19, 1920.
Up to December 31, 1922 the quantity of dyestuffs delivered was 22,689,775 kilograms valued at 58,657,311 gold marks under a protocol concluded May 31, 1920, supplemented or amended July 12 and August 19, 1921 and June 12, 1922.
Total deliveries of dyestuffs and pharmaceuticals eventually were valued at 107,360,223 gold marks.
Germany renounces on her own behalf and on behalf of her nationals in favour of the Principal Allied and Associated Powers all rights, titles or privileges of whatever nature in the submarine cables set out below, or in any portions thereof:
Emden-Vigo: from the Straits of Dover to off Vigo;
Emden-Teneriffe: from off Dunkirk to off Teneriffe;
Emden-Azores (1): from the Straits of Dover to Fayal;
from the Straits of Dover to Fayal;
Azores-New-York (1): from Fayal to New York;
Azores-New-York (2): from Fayal to the longitude of Halifax; Teneriffe-Monrovia: from off Teneriffe to off Monrovia ;
Lome-Duala: from Lome to Duala;
Monrovia-Pernambuco: from off Monrovia to off Pernambuco; Constantinople-Constanza: from Constantinople to Constanza; Yap-Shanghai, Yap-Guam, and Yap-Menado (Celebes): from Yap Island to Shanghai, from Yap Island to Guam Island, and from Yap Island to Menado.
The value of the above mentioned cables or portions thereof in so far as they are privately owned, calculated on the basis of the original cost less a suitable allowance for depreciation, shall be credited to Germany in the reparation account.
Note to VIII, Annex VII
The cables were credited to Germany but not allocated. For an account of the negotiations looking to allocation, see Green H. Hackworth, Digest of International Law, IV, 270. That narrative ends with an effort of the Secretary of State of the United States in November 1925 to reconvene a subcommittee of the Preliminary International Conference on Electrical Communications in order to effect an allocation. On December 12, 1925 the Reparation Commission decided upon the evaluation of each cable independently of the question of allocation. Cession by Germany was counted from June 26, 1919. The commission notified the Kriegslastenkommission on January 22, 1926 of the depreciated value of 14 cables, the Cherbourg-Brest line being omitted.
For the special interest of the United States in Yap as a cable station, see also article 119.
Note to VIII, Annex VII-Continued
The submarine cables were credited to Germany at 53,194,919.40 gold marks. The share of the United States was approximately 11,400,000 gold marks.
Of the cables mentioned in this annex some distribution was made. The Principal Allied and Associated Powers at Washington on November 17, 1927 agreed to the assignments which resulted in the following:
Dover (Brest)-Azores-New York: Operated by French Cable Co. with certain parts of first six items of list in annex;
Monrovia-Pernambuco: Not repaired and reopened by France;
Yap-Shanghai: Unused by Japan;
Constantinople (Istanbul)-Constanza: Operated by Rumanian and Turkish Governments.
SECTION II.—Special Provisions.
Within six months after the coming into force of the present Treaty the German Government must restore to the French Government the trophies, archives, historical souvenirs or works of art carried away from France by the German authorities in the course of the war of 1870-1871 and during this last war, in accordance with a list which will be communicated to it by the French Government; particularly the French flags taken in the course of the war of 1870-1871 and all the political papers taken by the German a1thorities on October 10, 1870, at the chateau of Cerçay, near Brunoy (Seine-et-Oise) belonging at the time to Mr. Rouher, formerly Minister of State.
Note to VIII, 245
With the exception of some trophies which had been destroyed by German nationals, the restitutions provided by this article were satisfactorily fulfilled.
France was especially interested in recovering the political papers from Cerçay. Eugène Rouher, permanent minister of state under Napoleon III, at the outbreak of the Franco-Prussian war of 1870 transferred Napoleon's confidential papers from the palaces of the Tuileries and Saint-Cloud, as well as important documents from