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AUSTRIA.

1921.

TREATY ESTABLISHING Y TIENDLY RELATIONS. Signed at Vienna August 24, 1921; ratification advised by the Sen

ate October 18, 1921; ratified by the President October 21, 1921; ratified by Austria October 8, 1921; ratifications exchanged at Vienna November 8, 1921; proclaimed November 17, 1921.

(Treaty Series, No. 659; 42 Statutes at Laige.).

ARTICLES.

Preamble reciting pertinent stipula

tion of joint resolution of Congress

of July 2, 1921. I. Rights, privileges, etc., of United

States under treaty of St. Germain-en-Laye.

II. Parts of that treaty ander which

United States does and does

not claim rights, privileges, etc. III. Ratification.

The United States of America and Austria :

Considering that the United States, acting in conjunction with its cobelligerents, entered into an Armistice with Austria-Hungary on November 3, 1918, in order that a Treaty of Peace might be concluded;

Considering that the former Austro-Hungary Monarchy ceased to exist and was replaced in Austria by a republican Government;

Considering that the Treaty of St. Germain-en-Laye, to which Austria is a party, was signed on September 10, 1919, and came into force according to the terms of its Article 381, 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 2d, 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 and Royal Austro-Hungarian Government and the United States of America.by the joint resolution of Congress approved December 7th, 1917, 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 Novmeber 3d, 1918, or any extension or modifications thereof; or which were acquired by or are in the possession of the United States 1 For text see p. 3141.

29479—S. Doc. 348, 67-4 3

2493

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 St. 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.

“ SECT. 5. All property of the Iniperial German Government, or its successor or successors, and of all German nationals which was on April 6th, 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 7th, 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 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 31st, 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 most-favored-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 its 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.”

Being desirous of establishing securely friendly relations between the two Nations;

Have for that purpose appointed their plenipotentiaries;
The President of the United States of America:

ARTHUR HUGH FRAZIER,
and the Federal President of the Republic of Austria:

JOHANN SCHOBER,

Who, having communicated their full powers, found to be in good
and due form, have agreed as follows:

ARTICLE I.

Austria undertakes to accord to the United States and the United
States shall have and enjoy all the rights, privileges, indemnities,
reparations, or advantages specified in the aforesaid Joint Resolution
of the Congress of the United States of July 2d, 1921, including all
the rights and advantages stipulated for the benefit of the United
States in the Treaty of St. Germain-en-Layel which the United
States shall fully enjoy not withstanding the fact that such Treaty
has not been ratified by the United States. The United States in
availing itself of the rights and advantages stipulated in the provi-
sions of that Treaty, will do so in a manner consistent with the
rights accorded to Austria under such provisions.

ARTICLE II.

With a view to defining more particularly the obligations of
Austria under the foregoing Article with respect to certain provi-
sions in the Treaty of St. Germain-en-Laye, it is understood and
agreed between the High Contracting Parties:

(1) That the rights and advantages stipulated in that Treaty for
the benefit of the United States which it is intended the United
States shall have and enjoy, are those defined in Parts V, VI, VIII,
IX, X, XI, XII, and XIV.

(2) That the United States shall not be bound by the provisions
of Part I of that Treaty nor by any provisions of that Treaty, includ-
ing those mentioned in paragraph (1) of this Article, which relate to
the Covenant of the League of Nations, nor shall the United States
be bound by any action taken by the League of Nations or by the
Council or by the Assembly thereof, unless the United States "shall
expressly give its assent to such action.

(3) That the United States assumes no obligations under or with
respect to the provisions of Part II, Part III, Part IV, and Part
XIII of that Treaty.

(4) That, while the United States is privileged to participate in
the Reparation Commission, according to the terms of Part VIII of
that Treaty and in any other commission established under the Treaty
or under any agreement supplemental thereto, the United States is
not bound to participate in any such commission unless it shall elect
to do so.

(5) That the periods of time to which reference is made in Article
381 of the Treaty of St. Germain-en-Laye shall run, with respect to
any act or election on the part of the United States, from the date of
the coming into force of the present Treaty.

ARTICLE III.

The present Treaty shall be ratified in accordance with the consti-
tutional forms of the High Contracting Parties and shall take effect
immediately on the exchange of ratifications which shall take place
as soon as possible at Vienna.

1 See p. 3149 for complete text.

In_witness whereof, the respective plenipotentiaries have signed
this Treaty and have hereunto affixed their seals.

Done in duplicate in Vienna this twentyfourth day of August,
1921.
[SEAL.] ARTHUR Hugh FRAZIER.

(SEAL.] SCHOBER.

[RATIFICATION.]
WARREN G. HARDING,

President of the United States of America,
To All To Whom THESE PRESENTS SHALL COME, GREETING:
KNOW YE, That whereas a Treaty between the United States
of America and Austria to restore the friendly relations existing
between the two nations prior to the outbreak of war, was concluded
and signed by their respective plenipotentiaries at Vienna on August
24, 1921, the original of which Treaty, in the English language, is
hereto annexed : 1

And Whereas, the Senate of the United States, by their resolution
of October 18, 1921, (two-thirds of the Senators present concurring
therein) did advise and consent to the ratification of the said Treaty,
subject to the understanding, made a part of the resolution of rati-
fication, “that the United States shall not be represented or partici-
pate in any body, agency or commission, nor shall any person repre-
sent the United States as a member of any body, agency or com-
mission 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”; and
subject to the further understanding, made a part of the resolution
of ratification, " 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 Germain-
en-Leye to which this Treaty refers":

NOW, therefore, be it known that I, Warren G. Harding, Presi-
dent of the United States of America, having seen and considered
the said Treaty, do hereby, in pursuance of the aforesaid advice and
consent of the Senate, ratify and confirm the same and every article
and clause thereof, subject to the understandings hereinabove re-
cited.

IN TESTIMONY WHEREOF, I have caused the seal of the
United States to be hereunto affixed.
Given under my hand at the City of Washington, the twenty-first

day of October, in the year of Our Lord one thousand nine
[SEAL.] hundred and twenty-one, and of the Independence of the
United States of America the one hundred and forty-sixth.

WARREN G HARDING
By the President:
CHARLES E. HUGHES

Secretary of State.

1 Printed above.

: St. Germain-en-Laye.

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