Note to X, 268 (b)—Continued

minorities, "corridor", and Danzig questions, on all of which it multiplied complaints that became the basis of its casus belli for the invasion of Poland on September 1, 1939.

(c) The Allied and Associated Powers reserve the right to require Germany to accord freedom from customs duty, on importation into German customs territory, to natural products and manufactured articles which both originate in and come from the Grand Duchy of Luxemburg, for a period of five years from the coming into force of the present Treaty.

The nature and amount of the products which shall enjoy the benefits of this regime shall be communicated each year to the German Government.

The amount of each product which may be thus sent annually into Germany shall not exceed the average of the amounts sent annually in the years 1911-1913.

Note to X, 268 (c)

The conditions contemplated by these paragraphs were changed by the conclusion on July 25, 1921 at Brussels of a convention between Belgium and the Grand Duchy of Luxembourg for the establishment of an economic union, which entered into force for a period of 50 years at the exchange of ratifications on March 6, 1922 (9 League of Nations Treaty Series, p. 223). Under article 2 of the convention the territories of the two states are "considered as forming one single territory as regards customs and common excise duties, and the customs boundaries between the two countries shall be abolished". Commerce between the two countries was to be "entirely free and unrestricted and subject to no import, transit or export limitations or prohibitions nor to duties or charges of any kind". The Belgian Government at the request of the Grand Ducal Government endeavored to secure the extension to the Grand Duchy of existing commercial treaties and economic agreements between Belgium and other countries, while future instruments were to be concluded by Belgium on behalf of the customs union. Provision for modification in laws, decrees, and administrative regulations was made by the establishment of the Superior Council of the Belgo-Luxembourg union, which was composed of three appointees of the Belgian Government and two of the Luxembourg Government.

The establishment of the customs union instituted financial arrangements to effect the exchange of temporary notes in circulation

Note to X, 268 (c)—Continued

as a result of the exchange of marks for Belgian bank notes. To this end the Luxembourg National Bank floated a loan of 175 million francs in Belgium. Article 23 of the convention is a guaranty to Luxembourg that the German marks held by it would receive the same treatment which the Belgian Government secured for the marks held by Belgium. By the agreement signed between Belgium and Germany at Brussels on July 13, 1929 for the settlement of this account, Luxembourg was to receive one thirtieth of the total payable by Germany, which was then given a present value of 320 million marks.

ARTICLE 269.

During the first six months after the coming into force of the present Treaty, the duties imposed by Germany on imports from Allied and Associated States shall not be higher than the most. favourable duties which were applied to imports into Germany on July 31, 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 products which, being comprised in Section A of the First Category of the German Customs Tariff of December 25, 1902, enjoyed at the above-mentioned date (July 31, 1914) rates conventionalised by treaties with the Allied and Associated Powers, with the addition of all kinds of wine and vegetable oils, of artificial silk and of washed or scoured wool, whether or not they were the subject of special conventions before July 31, 1914.

Note to X, 269

The note of the Supreme Council dated May 5, 1921 found Germany in default as regarded fulfilment of article 269, and the German Government on May 11 stated its resolve to execute the unfulfilled portions of the treaty.

ARTICLE 270.

The Allied and Associated Powers reserve the right to apply to German territory occupied by their troops a special customs régime as regards imports and exports, in the event of such a measure being necessary in their opinion in order to safeguard the economic interests of the population of these territories.

Note to X, 270

In virtue of this article a special customs regime in the occupied territories was established on April 8, 1921, and on February 15, 1923 a similar regime was established in connection with the occupation of the Ruhr. See further, page 781.

CHAPTER II.-SHIPPING.

ARTICLE 271.

As regards sea fishing, maritime coasting trade, and maritime towage, vessels of the Allied and Associated Powers shall enjoy, in German territorial waters, the treatment accorded to vessels of the most favoured nation.

Note to X, 271

For the inapplication to Siam of this article and article 273, paragraph 1, of this chapter, see note under article 137.

ARTICLE 272.

Germany agrees that, notwithstanding any stipulation to the contrary contained in the Conventions relating to the North Sea fisheries and liquor traffic, all rights of inspection and police shall, in the case of fishing-boats of the Allied Powers, be exercised solely by ships belonging to those Powers.

ARTICLE 273.

In the case of vessels of the Allied or Associated Powers, all classes of certificates or documents relating to the vessel, which were recognised as valid by Germany before the war, or which may hereafter be recognised as valid by the principal maritime States, shall be recognised by Germany as valid and as equivalent to the corresponding certificates issued to German vessels.

A similar recognition shall be accorded to the certificates and documents issued to their vessels by the Governments of new States, whether they have a sea-coast or not, provided that such certificates and documents shall be issued in conformity with the general practice observed in the principal maritime States.

The High Contracting Parties agree to recognise the flag flown by the vessels of an Allied or Associated Power having no seacoast which are registered at some one specified place situated in its territory; such place shall serve as the port of registry of such vessels.

Note to X, 273

The note of the Supreme Council dated May 5, 1921 found Germany in default as regarded fulfilment of article 273, and the German Government on May 11 stated its resolve to execute the unfulfilled portions of the treaty.

CHAPTER III.-UNFAIR COMPETITION.

ARTICLE 274.

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

Germany undertakes to prohibit and repress by seizure and by other appropriate remedies the importation, exportation, manufacture, distribution, sale or offering for sale in its 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.

Note to X, 274

This article is a restatement of a prohibition which formed the subject of the international agreement for the prevention of false indications of origin of goods signed at Madrid, April 14, 1891 (96 British and Foreign State Papers, p. 837), revised at Washington on June 2, 1911 (104 ibid., p. 137; Treaties, Conventions, etc., 1910– 23, III, 2953). It had not been widely enough ratified in 1919 to warrant imposing it in the treaties of peace on Germany and its allies or to stipulate for the adherence of new states. In view of this situation the Economic and Financial Organization of the League of Nations undertook a study of the problem with the result that articles 6 bis, 6 ter, 10 bis, and 10 ter were added to the international convention for the protection of industrial property, signed at The Hague, November 6, 1925 (ibid., 1923–37, Iv, 4945; 74 League of Nations Treaty Series, p. 305).

ARTICLE 275.

Germany 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, exportation, manufacture, distribution, sale or offering for sale of products or articles bearing regional appellations inconsistent with such law or order shall be prohibited by the German Government and repressed by the measures prescribed in the preceding Article.

Note to X, 275

The question of appellations of origin was studied by the Economic and Financial Organization of the League of Nations. The principle was incorporated in several bilateral treaties and in the convention concerning the marking of eggs in international commerce, Brussels, December 11, 1931, under the auspices of the International Institute of Agriculture (5 Hudson, International Legislation, p. 1164). The previous experience was utilized in framing the international convention for the protection of industrial property, signed at London, June 2, 1934 (Treaties, Conventions, etc., 1923–37, iv, 5516).

CHAPTER IV.-TREATMENT OF NATIONALS OF ALLIED AND ASSOCIATED POWERS.

ARTICLE 276.

Germany undertakes:

(a) Not to subject the nationals of the Allied and Associated Powers to any prohibition 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 property, rights or interests;