mous vote of the members of the Commission as constituted for the purposes of the Treaty of Versailles when a question concerning Germany is under consideration, the Japanese Delegate nevertheless taking part in the discussion and giving his vote. The report of the Reparation Commission and the Chairman of the Kriegslastenkommission will be notified to all the Powers signatory of the present Agreement. Provided always that the substitution of the obligations and annuities of the New Plan for those of the Experts' Plan of the 9 April, 1924, shall date from the 1 September, 1929, regard being had to the provisions of The Hague Protocol of the 31 August, 1929, and in Annex II to the present Agreement. The present Agreement will come into force for each Government other than the four of those mentioned above by name who first ratify on the date of notification or deposit of ratification. Provided always that any such ratification shall have the same effect as if it had taken place before the report of the Reparation Commission and the Chairman of the Kriegslastenkommission. The French Government will transmit to all the signatory Governments a certified copy of the procès-verbaux of the deposit. Done in a single copy at The Hague, the 20th day of January, 1930. CURTIUS. SCHMIDT. MOLDENHAUER. N. POLITIS. A. MOSCONI. M. ADATCI. K. HIROTA. J. LUGOSIANO. AL. ZEUCEANO. Dr. EDUARD BENEŠ. Dr. V. MARINKOVITCH. ANNEX I. Exchange of Declarations between the Belgian, British, French, Italian and Japanese Governments on the one hand and the German Government on the Other. THE REPRESENTATIVES OF THE BELGIAN, BRITISH, FRENCH, ITALIAN AND JAPANESE GOVERNMENTS make the following declaration: The New Plan rests on the principle that the complete and final settlement of the reparation question is of common interest to all the countries which this question concerns and that the Plan requires the collaboration of all these countries. Without mutual good will and confidence the object of the Plan would not be attained. It is in this sense that the Creditor Governments have in The Hague Agreement of January 1930, accepted the solemn undertaking of the German Government to pay the annuities fixed in accordance with the provisions of the New Plan as the guarantee for the fulfilment of the German Government's obligations. The Creditor Governments are convinced that, even if the execution of the New Plan should give rise to differences of opinion or difficulties, the procedures provided for by the Plan itself would be sufficient to resolve them. It is for this reason that The Hague Agreement of January 1930 provides that, under the régime of the New Plan, the powers of the Creditor Powers shall be determined by the provisions of the Plan. There remains, however, a hypothesis outside the scope of the Agreements signed to-day. The Creditor Governments are forced to consider it without thereby wishing to cast doubt on the intentions of the German Government. They regard it as indispensable to take account of the possibility that in the future a German Government, in violation of the solemn obligation contained in The Hague Agreement of January 1930, might commit itself to actions revealing its determination to destroy the New Plan. It is the duty of the Creditor Governments to declare to the German Government that if such a case arose, imperilling the foundations of their common work, a new situation would be created in regard to which the Creditor Governments must, from the outset, formulate all the reservations to which they are rightfully entitled. However, even on this extreme hypothesis, the Creditor Govern ments, in the interests of general peace, are prepared, before taking any action, to appeal to an international jurisdiction of incontestable authority to establish and appreciate the facts. The Creditor Power or Powers which might regard themselves as concerned, would therefore submit to the Permanent Court of International Justice the question whether the German Government had committed acts revealing its determination to destroy the New Plan. Germany should forthwith declare that, in the event of an affirmative decision by the Court, she acknowledges that it is legitimate that, in order to ensure the fulfilment of the obligations of the Debtor Power resulting from the New Plan, the Creditor Power or Powers should resume their full liberty of action. The Creditor Governments are convinced that such a hypothetical situation will never in fact arise and they feel assured that the German Government shares this conviction. But they consider that they are bound in loyalty and by their duty to their respective countries to make the above declaration in case this hypothetical situation should arise. II The representatives of the German Government, on their side, make the following declaration: The German Government takes note of the above declaration of the Creditor Governments whereby, even if the execution of the New Plan should give rise to differences of opinion or difficulties in regard to the fulfilment of the New Plan, the procedures provided for in the Plan would be sufficient to resolve them. The German Government take note accordingly that under the régime of the New Plan the powers of the Creditor Powers will be determined in accordance with the provisions of the Plan. As regards the second part of the declaration and the hypothesis formulated in this declaration, the German Government regrets that such an eventuality, which for its part it regards as impossible, should be contemplated. Nevertheless, if one or more of the Creditor Powers refer to the Permanent Court of International Justice the question whether acts originating with the German Government reveal its determination to destroy the New Plan, the German Government, in agreement with the Creditor Governments, accepts the proposal that the Permanent Court should decide the question, and declares that it acknowledges that it is legitimate, in the event of an affirmative decision by the Court, that, in order to ensure the fulfilment of the financial obligations of the Debtor Power resulting from the New Plan, the Creditor Power or Powers should resume their full liberty of action. The French, German and English texts of the present Annex are equally authoritative. CURTIUS. MOLDENHAUER. PAUL HYMANS. E. FRANCQUI. PHILIP SNOWDEN. HENRI CHÉRON. LOUCHEUR. A. MOSCONI. A. PIRELLI. K. HIROTA. The following annexes not reprinted: II. Measures of Transition III. Debt Certificate of the German Reich IV. Certificate of the German Railway Company V. Provisions to be inserted or maintained in the German Bank Law Va. Procedure for the modification of certain provisions of the German Bank Law VI. Law for the amendment of the Law on the Deutsche Reichsbahn Gesellschaft VIa. Procedure for the amendment of the Law on the Deutsche Reichsbahn Gesellschaft VII. Assignment by way of "collateral guarantee" of certain revenues of the German Reich VIII. Trust Agreement IX. Rules for Deliveries in Kind X. Agreements between Germany and Great Britain and between Germany and France as to the "German Reparation (Recovery) Act" and corresponding French legislation Xa. Agreement regarding the Method of administering the Levy on the Value of German Imports into France XI. Securities for the German External Loan XII. Rules of Procedure of the Arbitral Tribunal. 13. Agreement between Germany and the United States Providing for the Final Discharge of Obligations of Germany to the United States in respect of the Awards of the Mixed Claims Commission, United States and Germany, and the Costs of the United States Army of Occupation1 Signed definitively at Washington, June 23, 1930; initialed as com pleted negotiation December 28, 1929; approved by German laws accepting the New (Young) Plan March 26, 1930; authorized by Act of United States Congress approved June 5, 1930; in effect from signing June 23, 1930 AGREEMENT MADE THE 23D DAY OF JUNE, 1930, AT THE CITY OF WASHINGTON, DISTRICT OF COLUMBIA, BETWEEN THE GOVERNMENT OF THE GERMAN REICH, HEREINAFTER CALLED GERMANY, PARTY OF THE FIRST PART, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, HEREINAFTER CALLED THE UNITED STATES, PARTY OF THE SECOND PART. WHEREAS Germany is obligated under the provisions of the armistice convention signed November 11, 1918, and of the treaty signed at Berlin, August 25, 1921, to pay to the United States the awards, and interest thereon, entered and to be entered in favor of the United States Government and its nationals by the Mixed Claims Commission, United States and Germany, established in pursuance of the agreement of August 10, 1922;2 and WHEREAS the United States is also entitled to be reimbursed for the costs of its army of occupation; and WHEREAS Germany having made and the United States having received payments in part satisfaction on account of these two obligations desire to make arrangements for the complete and final discharge of said obligations; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is agreed as follows: 1. Amounts to be paid—(a) Germany shall pay and the United States shall accept in full satisfaction of all of Germany's obligations remaining on account of awards, including interest thereon. entered and to be entered by the Mixed Claims Commission, United States and Germany, the sum of 40,800,000 reichsmarks for the period of September 1, 1929, to March 31, 1930, and the sum of 40,800,000 reichsmarks per annum from April 1, 1930, to March 31, 2 1U. S. Treasury Department, Annual Report of the Secretary, 1930, p. 341. * Treaty Series 665; 42 Stat. 2200; Treaties, Conventions, etc., 1910-23, m, 2601. |