Difference between revisions of "Section III - SECTION IV., PROPERTY, RIGHTS AND INTERESTS: ARTICLES 177 - Conclusion"

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occupied by them before the judgment was given by the Bulgarian court.<br><br>
 
occupied by them before the judgment was given by the Bulgarian court.<br><br>
  
          SECTION VII.<br>
+
SECTION VII.<br>
        INDUSTRIAL PROPERTY.<br>
+
INDUSTRIAL PROPERTY.<br>
          ARTICLE 190<br><br>
+
ARTICLE 190<br><br>
 
          
 
          
              Subject to the stipulations of the present Treaty, rights of
+
Subject to the stipulations of the present Treaty, rights of
 
industrial, literary and artistic property, as such property is defined by the International Conventions of Paris and of Berne,
 
industrial, literary and artistic property, as such property is defined by the International Conventions of Paris and of Berne,
                                          mentioned in Article 166, shall be re-established or restored, as
+
mentioned in Article 166, shall be re-established or restored, as
                                          from the coming into force of the present Treaty, in the territories of the High Contracting Parties, in favour of the persons
+
from the coming into force of the present Treaty, in the territories of the High Contracting Parties, in favour of the persons
                                          entitled to the benefit of them at the moment when the state of
+
entitled to the benefit of them at the moment when the state of
                                          war commenced, or their legal representatives. Equally, rights
+
war commenced, or their legal representatives. Equally, rights
                                          which, except for the war, would have been acquired during the
+
which, except for the war, would have been acquired during the
                                          war in consequence of an application made for the protection of
+
war in consequence of an application made for the protection of
                                          industrial property, or the publication of a literary or artistic
+
industrial property, or the publication of a literary or artistic
                                          work, shall be recognised and established in favour of those persons who would have been entitled thereto, from the coming into
+
work, shall be recognised and established in favour of those persons who would have been entitled thereto, from the coming into
                                          force of the present Treaty.<br><br>
+
force of the present Treaty.<br><br>
 
                                            
 
                                            
                                                          Nevertheless, all acts done by virtue of the special measures
+
Nevertheless, all acts done by virtue of the special measures
                                          taken during the war under legislative, executive or administrative authority of any Allied or Associated Power in regard to the
+
taken during the war under legislative, executive or administrative authority of any Allied or Associated Power in regard to the
                                          rights of Bulgarian nationals in industrial, literary or artistic
+
rights of Bulgarian nationals in industrial, literary or artistic
                                          property shall remain in force and shall continue to maintain their
+
property shall remain in force and shall continue to maintain their
                                          full effect.<br><br>
+
full effect.<br><br>
 
                                            
 
                                            
                                                          No claim shall be made or action brought by Bulgaria or
+
No claim shall be made or action brought by Bulgaria or
                                          Bulgarian nationals in respect of the use during the war by the
+
Bulgarian nationals in respect of the use during the war by the
                                          Government of any Allied or Associated Power, or by any persons
+
Government of any Allied or Associated Power, or by any persons
                                          acting on behalf or with the assent of such Government, of any
+
acting on behalf or with the assent of such Government, of any
                                          rights in industrial, literary or artistic property, nor in respect of
+
rights in industrial, literary or artistic property, nor in respect of
                                          the sale, offering for sale, or use of any products, articles or
+
the sale, offering for sale, or use of any products, articles or
                                          apparatus whatsoever to which such rights applied.<br><br>
+
apparatus whatsoever to which such rights applied.<br><br>
 
                                            
 
                                            
                                                          Unless the legislation of any one of the Allied or Associated
+
Unless the legislation of any one of the Allied or Associated
                                          Powers in force at the moment of the signature of the present
+
Powers in force at the moment of the signature of the present
                                          Treaty otherwise directs, sums due or paid in virtue of any act or
+
Treaty otherwise directs, sums due or paid in virtue of any act or
                                          operation resulting from the execution of the special measures
+
operation resulting from the execution of the special measures
                                          mentioned in the second paragraph of this Article shall be dealt
+
mentioned in the second paragraph of this Article shall be dealt
                                          with in the same way as other sums due to Bulgarian nationals are
+
with in the same way as other sums due to Bulgarian nationals are
                                          directed to be dealt with by the present Treaty; and sums produced by any special measures taken by the Bulgarian Government in respect of rights in industrial, literary or artistic property
+
directed to be dealt with by the present Treaty; and sums produced by any special measures taken by the Bulgarian Government in respect of rights in industrial, literary or artistic property
                                          belonging to the nationals of the Allied or Associated Powers shall
+
belonging to the nationals of the Allied or Associated Powers shall
                                          be considered and treated in the same way as other debts due from
+
be considered and treated in the same way as other debts due from
                                          Bulgarian nationals.<br><br>
+
Bulgarian nationals.<br><br>
 
                                            
 
                                            
                                                          Each of the Allied and Associated Powers reserves to itself
+
Each of the Allied and Associated Powers reserves to itself
                                          the right to impose such limitations, conditions or restrictions
+
the right to impose such limitations, conditions or restrictions
                                          on rights of industrial, literary or artistic property (with the exception of trade-marks) acquired before or during the war, or
+
on rights of industrial, literary or artistic property (with the exception of trade-marks) acquired before or during the war, or
                                          which may be subsequently acquired in accordance with its
+
which may be subsequently acquired in accordance with its legislation, by Bulgarian nationals, whether by granting licences,
                                         
+
legislation, by Bulgarian nationals, whether by granting licences,
+
 
or by the working, or by preserving control over their exploitation, or in any other way, as may be considered necessary for
 
or by the working, or by preserving control over their exploitation, or in any other way, as may be considered necessary for
 
national defence, or in the public interest, or for assuring the fair
 
national defence, or in the public interest, or for assuring the fair
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necessary for national defence or in the public interest.<br><br>
 
necessary for national defence or in the public interest.<br><br>
  
                In the event of the application of the provisions of the preceding paragraph by any Allied or Associated Power, there shall be
+
In the event of the application of the provisions of the preceding paragraph by any Allied or Associated Power, there shall be
 
paid reasonable indemnities or royalties, which shall be dealt with
 
paid reasonable indemnities or royalties, which shall be dealt with
 
in the same way as other sums due to Bulgarian nationals are
 
in the same way as other sums due to Bulgarian nationals are
 
directed to be dealt with by the present Treaty.<br><br>
 
directed to be dealt with by the present Treaty.<br><br>
  
                Each of the Allied or Associated Powers reserves the right to
+
Each of the Allied or Associated Powers reserves the right to
 
treat as void and of no effect any transfer in whole or in part of
 
treat as void and of no effect any transfer in whole or in part of
 
or other dealing with rights of or in respect of industrial, literary
 
or other dealing with rights of or in respect of industrial, literary
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which would have the result of defeating the objects of the provisions of this Article.<br><br>
 
which would have the result of defeating the objects of the provisions of this Article.<br><br>
  
                The provisions of this Article shall not apply to rights in industrial, literary or artistic property which have been dealt with in
+
The provisions of this Article shall not apply to rights in industrial, literary or artistic property which have been dealt with in
 
the liquidation of businesses or companies under war legislation
 
the liquidation of businesses or companies under war legislation
 
by the Allied or Associated Powers, or which may be so dealt
 
by the Allied or Associated Powers, or which may be so dealt
 
with by virtue of Article 177, paragraph (b).<br><br>
 
with by virtue of Article 177, paragraph (b).<br><br>
  
            ARTICLE 191.<br><br>
+
ARTICLE 191.<br><br>
 
              
 
              
                A minimum of one year after the coming into force of the
+
A minimum of one year after the coming into force of the
 
present Treaty shall be accorded to the nationals of the High
 
present Treaty shall be accorded to the nationals of the High
 
Contracting Parties, without extension fees or other penalty,
 
Contracting Parties, without extension fees or other penalty,
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respect of, industrial property either acquired before August 1,
 
respect of, industrial property either acquired before August 1,
 
1914, or which, except for the war, might have been acquired
 
1914, or which, except for the war, might have been acquired
since that date as a result of an application made before the war
+
since that date as a result of an application made before the war or during its continuance; but nothing in this Article shall give
                                            or during its continuance; but nothing in this Article shall give
+
any right to reopen interference proceedings in the United States
                                            any right to reopen interference proceedings in the United States
+
of America where a final hearing has taken place.<br><br>
                                            of America where a final hearing has taken place.<br><br>
+
 
                                              
 
                                              
                                                            All rights in, or in respect of, such property which may have
+
All rights in, or in respect of, such property which may have
 
                                             lapsed by reason of any failure to accomplish any act, fulfil any
 
                                             lapsed by reason of any failure to accomplish any act, fulfil any
 
                                             formality, or make any payment, shall revive, but subject in the
 
                                             formality, or make any payment, shall revive, but subject in the

Revision as of 22:36, 25 June 2007

Treaty of Peace Between the Allied and Associated Powers and Bulgaria, and Protocol and Declaration signed at Neuilly-sur-Seine,
27 November 1919



Go to Map of the Treaty Areas of <a href="http://www.lib.byu.edu/estu/wwi/maps/neuilly.gif">Neuilly-sur-Seine</a> (30k)

Go to Section I - ARTICLES 1 - 120

Go to Section II - PART VII., REPARATION, ARTICLES 121 - 176


SECTION III:



(NB: This document is presented in three parts for ease of electronic transmission. The separation does not represent the original document, which was presented as a single entity. Editor.)



TREATY OF NEUILLY, AND PROTOCOL THE UNITED STATES OF AMERICA, THE BRITISH EMPIRE, FRANCE, ITALY and JAPAN.

SECTION IV.
PROPERTY, RIGHTS AND INTERESTS.
ARTICLE 177.

The question of private property, rights and interests in an enemy country shall be settled according to the principles laid down in this Section and to the provisions of the Annex hereto.

(a) The exceptional war measures and measures of transfer (defined in paragraph 3 of the Annex hereto) taken by Bulgaria with respect to the property, rights and interests of nationals of Allied or Associated Powers, including companies and associations in which they are interested, when liquidation has not been completed, shall be immediately discontinued or stayed and the property, rights and interests concerned restored to their owners, who shall enjoy full rights therein in accordance with the provisions of Article 178. The Bulgarian Government will revoke all legislative or administrative provisions which it may have made during the war forbidding companies of Allied and Associated na-tionality or companies in which Allied or Associated nationals are interested to enjoy the benefit of concessions or contracts in Bulgaria.

(b) Subject to any contrary stipulations which may be provided for in the present Treaty, the Allied and Associated Powers reserve the right to retain and liquidate all property, rights and interests belonging at the date of the coming into force of the present Treaty to Bulgarian nationals, or companies controlled by them, within their territories, colonies, possessions and protectorates, including territories ceded to them by the present Treaty.

The liquidation shall be carried out in accordance with the laws of the Allied or Associated State concerned, and the Bulgarian owner shall not be able to dispose of such property, rights and interests nor to subject them to any charge without the consent of that State.

Bulgarian nationals who acquire ipso facto the nationality of an Allied or Associated Power in accordance with the provisions of the present Treaty will not be considered as Bulgarian na- tionals within the meaning of this paragraph.

(c) The price or the amount of compensation in respect of the exercise of the right referred to in paragraph (b) will be fixed in accordance with the methods of sale or valuation adopted by the laws of the country in which the property has been retained or liquidated.

(d) As between the Allied and Associated Powers or their nationals on the one hand and Bulgaria or her nationals on the other hand, all the exceptional war measures, or measures of transfer, put into operation by the Allied and Associated Powers, or acts done or to be done in execution of such measures as defined in paragraphs 1 and 3 of the Annex hereto, shall be considered as final and binding upon all persons except as regards the reservations laid down in the present Treaty. If, however, in the States referred to in paragraph (i) of this Article measures prejudicial to the property, rights and interests of Bulgarian nationals and not in accordance with the local law have been taken, the Bulgarian proprietor shall be entitled to compensation for the damage caused to him. This compensation shall be fixed by the Mixed Arbitral Tribunal provided by Section VI. The same measures and all others affecting the property, rights and interests of nationals of the Allied and Associated Powers -- notably acts of requisition or seizure, wheresoever effected, by the civil or military authorities, the troops or the population of Bulgaria, or effected in Bulgaria by the civil or military authorities or the troops of the Powers allied with Bulgaria -- are all declared void, and the Bulgarian Government will take all measures necessary for the restoration of such property, rights and interests.

(e) The nationals of Alled and Associated Powers shall be entitled to compensation in respect of damage or injury inflicted upon their property, rights or interests, including any company or association in which they are interested, in Bulgarian territory as it existed on September 20, 1915, by the application either of the exceptional war measures or measures of transfer mentioned in paragraphs 1 and 3 of the Annex hereto. The claims made in this respect by such nationals shall be investigated, and the total of the compensation shall be determined by the Mixed Arbitral Tribunal provided for in Section VI, or by an arbitrator appointed by that Tribunal. This compensation shall be borne by Bulgaria, and may be charged upon the property of Bulgarian nationals within the territory or under the control of the claimant's State This property may be constituted as a pledge for enemy liabilities under the conditions fixed by paragraph 4 of the Annex hereto The payment of this compensation may be made by the Allied or Associated State, and the amount will be debited to Bulgaria.

(f) Whenever a national of an Allied or Associated Power is entitled to property which has been subjected to a measure of transfer in Bulgarian territory and expresses a desire for its restitution, his claim for compensation in accordance with paragarph (e) shall be satisfied by the restitution of the said property if it still exists in specie.

In such case Bulgaria shall take all necessary steps to restore the evicted owner to the possession of his property, free from all encumbrances or burdens with which if may have been charged after the liquidation, and to indemnify all third parties injured by the restitution.

If the restition provided for in this paragraph cannot be effected, private agreements aranged by the intermediation of the Powers concerned or the Clearing Offices provided for in the Annex to Section III may be made, in order to secure that the national of the Allied or Associated Power may secure compensation for the injury referred to in paragraph (e) by the grant of advantages or equivalents which he agrees to accept in place of the property, rights or interests of which he was deprived

Through restitution in accordance with this Article, the price or the amount of compensation fixed by the application of paragraph (e) will be reduced by the actual value of the property restored, account being taken of compensation in respect of loss of use or deterioration

(g) The rights conferred by paragraph

(f) are reserved to owners who are nationals of Alled or Associated Powers within whose territory legislative measures prescribing the general liquidation of enemy property, rights or interests were not applied before the signature of the Armistice.

(h) Except in cases where, by applicatbn of paragraph (f) restitutions in specie have been made, the net proceeds of sales of enemy property, rights or interests, wherever situated, carried out either by virtue of war legislation, or by application of this Article, and in general all cash assets of enemies, shall be dealt with as follows;

(1) As regards Powers adopting Section III and the Annex thereto, the said proceeds and cash assets shall be credited to the Power of which the owner is a national, through the Clearing Office established thereunder; any credit balance in favour of Bulgaria resulting therefrom shall be dealt with as provided in Article 129, Part VII (Reparation), of the present Treaty.

(2) As regards Powers not adopting Section III and the Annex thereto, the proceeds of the property, rights and interests, and the cash assets, of the nationals of Allied or Associated Powers held by Bulgaria shall be paid immediately to the person entitled thereto or to his Government; the proceeds of the property, rights and interests, and the cash assets, of Bulgarian nationals received by an Allied or Associated Power shall be subject to disposal by such Power in accordance with its laws and regulations, and may be applied in payment of the claims and debts defined by this Article or paragraph 4 of the Annex hereto. Any property, rights and interests or proceds thereof or cash assets not used as above provided may be retained by the said Allied and Associated Power, and if retained the cash value theref shall be dealt with as provided in Article 129, Part VII (Reparation), of the present Treaty.

(i) In the case of liquidations effected in new States which are signatories of the present Treaty as Allied and Associated Powers or in States to which Bulgarian territory is transferred by the present Treaty, or in States which are not entitled to share in the reparation payments to be made by Bulgaria, the proceeds of liquidations effected by such States shall, subject to the rights of the Reparation Commission under the present Treaty, particularly under Article 121, Part VII (Reparation), of the present Treaty, be paid direct to the owner. If, on the application of that owner, the Mixed Arbitral Tribunal provided for by Section VI of this Part, or an arbitrator appointed by that Tribunal, is satisfied that the eonditions of the sale or measures taken by the Government of the State in question outside its general legislation were unfairly prejudicial to the price obtained, the Tribunal or arbitrator shall have discretion to award to the owner equitable compensation to be paid by that State.

(j) Bulgaria undertakes to compensate her nationals in respect of the sale or retention of their property, rights or interests in Allied or Associated States.

(k) The amount of all taxes and imposts upon capital levied or to be levied by Bulgaria on the property, rights and interests of the nationals of the Allied or Associated Powers from September 29, 1918, until three months from the coming into force of the present Treaty, or, in the case of property, rights and interests which have been subjected to exceptional measures of war, until restitution in accordance with the present Treaty, shall be restored to the owners.

ARTICLE 178.

Bulgaria undertakes, with regard to the property, rights and interests, including companies and associations in which they were interested, restored to nationals of Allied and Associated Powers in accordance with the provisions of Article 177:

(a) To restore and maintain, except as expressly provided in the present Treaty, the property, rights and interests of the nationals of Allied or Associated Powers in the legal position obtaining in respect of the property, rights and interests of Bulgarian nationals under the laws in force before the war;

(b) Not to subject the property, rights or interests of the nationals of the Allied or Associated Powers to any measures in derogation of property rights which are not applied equally to the property, rights and interests of Bulgarian nationals, and to pay adequate compensation in the event of the application of these measures.

ARTICLE 179.

Diplomatic or consular claims made before the war by the Representatives or Agents of the Allied and Associated Powers with regard to the private property, rights or interests of nationals of those Powers shall, on the application of the Power concerned, be siubmitted to the Mixed Arbitral Tribunal provided for in Section Vl.

ANNEX.
I.

In accordance with the provisions of Article 177, paragraph (d), the validity of vesting orders and of orders for the winding up of businesses or companies, and of any other orders, directions, decisions or instructions of any court or any department of the Government of any of the Allied and Associated Powers made or given, or purporting to be made or given, in pursuance of war legislation with regard to enemy property, rights and interests is confirmed. The interests of all persons shall be regarded as having been effectively dealt with by any order, direction, decision or instruction dealing with property in which they may be interested, whether or not such interests are specifically mentioned in the order, direction, decision or instruction. No question shall be raised as to the regularity of a transfer of any property, rights or interests dealt with in pursuance of any such order, direction, decision or instruction. Every action taken with regard to any property, business or company, whether as regards its investigation, sequestration, compulsory administration, use, requisition, supervision, or winding up, the sale or management of property, rights or interests, the collection or discharge of debts, the payment of costs, charges or expenses, or any other matter whatsoever, in pursuance of orders, directions, decisions or instructions of any court or of any department of the Government of any of the Allied and Associated Powers, made or given, or purporting to be made or given, in pursuance of war legislation with regard to enemy property, rights or interests, is confirmed. Provided that the provisions of this paragraph shall not be held to prejudice the titles to property heretofore acquired in good faith and for value and in accordance with the laws of the country in which the property is situated by nationals of the Allied and Associated Powers.

2.

No claim or action shall be made or brought against any Allied or Associated Power or against any person acting on behalf of or under the direction of any legal authority or department of the Government of such a Power by Bulgaria or by any Bulgarian national wherever resident in respect of any act or omission with regard to his property, rights, or interests during the war or in preparation for the war. Similarly, no claim or action shall be made or brought against any person in respect of any act or omission under or in accordance with the exceptional war measures laws or regulations of any Allied or Associated Power.

3

In Article I77 and this Annex the expression "exceptional war measures" includes measures of all kinds, legislative, administrative, judicial or others, that have been taken-or will be taken hereafter with regard to enemy property, and which have had or will have the effect of removing from the proprietors the power of disposition over their property, though without affecting the ownership, such as measures of supervision, of compulsory administration, and of sequestration; or measures which have had or will have as an object the seizure of, the use of, or the interference with enemy assets, for whatsoever motive, under whatsoever form or in whatsoever place. Acts in the execution of these measures include all detentions, instructions, orders or decrees of Government departments or courts applying these measures to enemy property, as well as acts performed by any person connected with the administration or the supervision of enemy property, such as the payment of debts, the collection of credits, the payment of any costs, charges or expenses, or the collecting of fees.

Measures of transfer are those which have affected or will affect the ownership of enemy property by transferring it in whole or in part to a person other than the enemy owner, and without his consent, such as measures directing the sale, liquidation or devolution of ownership in enemy property, or the cancelling of titles or securities.

4

All property, rights and interests of Bulgarian nationals within the territory of any Allied or Associated Power and the net proceeds of their sale, liquidation or other dealing therewith may be charged by that Allied or Associated Power in the first place with payment of amounts due in respect of claims by the nationals of that Allied or Associated Power with regard to their property, rights and interests, including companies and associations in which they are interested, in Bulgarian territory, or debts owing to them by Bulgarian nationals, and with payment of claims growing out of acts committed by the Bulgarian Government or by any Bulgarian authorities since October 11, 1915, and before that Allied or Associated Power entered into the war. The amount of such claims may be assessed by an arbitrator appointed by M. Gustav Ador, if he is willing, or if no such appointment is made by him, by an arbitrator appointed by the Mixed Arbitral Tribunal provided for in Section Vl. They may be charged in the second place with payment of the amounts due in respect of claims by the nationals of such Allied or Associated Power with regard to their property, rights and interests in the territory of other enemy Powers, in so far as those claims are otherwise unsatisfied.

5

Notwithstanding the provisions of Article 177, where immediately before the outbreak of war a company incorporated in an Allied or Associated State had rights in common with a company controlled by it and incorporated in Bulgaria to the use of trade-marks in third countries, or enjoyed the use in common with such company of unique means of reproduction of goods or articles for sale in third countries, the former company shall alone have the right to use these trade-marks in third countries to the exclusion of the Bulgarian company, and these unique means of reproduction shall be handed over to the former company, notwithstanding any action taken under Bulgarian war legislation with regard to the latter company or its business, industrial property or shares. Nevertheless, the former company, if requested, shall deliver to the latter company derivative copies permitting the continuation of reproduction of articles for use within Bulgarian territory.

6.

Up to the time when restitution is carried out in accordance with Article 177, Bulgaria is responsible for the conservation of property, rights and interests of the nationals of Allied or Associated Powers, including companies and associations in which they are interested, that have been subjected by her to exceptional war measures.

7

Within one year from the coming into force of the present Treaty the Allied or Associate effective legislation in accordan rights and interests over which they intend to exercise the right provided in Article 177, paragraph (f).

8.

The restitution provided in Article 177 will be carried out by order of the Bulgarian C,overnment or of the authorities which have been substituted for it. Detailed accounts of the action of administrators shall be furnished to the interested persons by the Bulgarian authorities upon request, which may be made at any time after the coming into force of the present Treaty.

9

Until completion of the liquidation provided by Article 177 paragraph (b), the property, rights, and interests of Bulgarian nationals will continue to be subject to exceptional war measures that have been or will be taken with regard to them.

10.

Bulgaria will, within six months of the coming into force of the present Treaty, deliver to each Allied or Associated Power all securities, certificates, deeds or other documents of title held by its nationals and relating to property, rights or interests situated in the territory of that Allied or Associated Power, including any shares, stock, debentures, debenture stock or other obligations of any company incorporated in accordance with the laws of that Power.

Bulgaria will at any time on demand of any Allied or Associated Power furnish such information as may be required with regard to the property, rights and interests of Bulgarian nationals within the territory of such Allied or Associated Power, or with regard to any transactions concerning such property, rights or interests effected since September 1, 1915.

11.

The expression "cash assets" includes all deposits or funds established before or after the existence of a state of war, as well as all assets coming from deposits, revenues or profits collected by administrators, sequestrators or others from funds placed on deposit or otherwise, but does not include sums belonging to the Allied or Associated Powers or to their component States, Provinces or Municipalities.

12.

All investments wheresoever effected with the cash assets of nationals of the High Contracting Parties, including companies and associations in which such nationals were interested, by persons responsible for the administration of enemy properties or having control over such administration, or by order of such persons or of any authority whatsoever, shall be annulled. These cash assets shall be accounted for irrespective of any such investment.

13.

Within one month from the coming into force of the present Treaty, or on demand at any time, Bulgaria will deliver to the Allied and Associated Powers all accounts, vouchers, records, documents and information of any kind which may be within Bulgarian territory, and which concern the property, rights and interests of the nationals of those Powers, including companies and associations in which they are interested, that have been subjected to an exceptional war measure, or to a measure of transfer either in Bulgarian territory or in territory occupied by Bulgaria or her allies.

The controllers, supervisors, managers, administrators, sequestrators, liquidators and receivers, shall be personally responsible under guarantee of the Bulgarian Government for the immediate delivery in full of these accounts and documents, and for their accuracy.

14.

The provisions of Article 177 and this Annex relating to property, rights and interests in an enemy country, and the proceeds of the liquidation thereof, apply to debts, credits and accounts, Section III regulating only the method of payment.

In the settlement of matters provided for in Article 177 between Bulgaria and the Allied or Associated States, their colonies or protectorates, or any one of the British Dominions or India, in respect of any of which a declaration shall not have been made that they adopt Section III, and between their respective nationals, the provisions of Section III respecting the currency in which payment is to be made and the rate of exchange and of interest shall apply unless the Government of the Allied or Associated Power concerned shall, within six months of the coming into force of the present Treaty, notify Bulgaria that one or more of the said provisions are not to be applied.

15.

The provisions of Article 177 and this Annex apply to industrial, literary and artistic property which has been or will be dealt with in the liquidation of property, rights, interests, companies or businesses under war legislation by the Allied or Associated Powers, or in accordance with the stipulations of Article 177, paragraph (b).

SECTION V.
CONTRACTS, PRESCRIPTIONS, JUDGMENTS.
ARTICLE 180.

(a) Any contract concluded between enemies shall be regarded as having been dissolved as from the time when any two of the parties became enemies, except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder, and subject to the exceptions and special rules with regard to particular contracts or classes of contracts contained herein or in the Annex hereto.

(b) Any contract of which the execution shall be required in the general interest, within six months from the date of the coming into force of the present Treaty, by the Government of the Allied or Associated Power of which one of the parties is a national, shall be excepted from dissolution under this Article.

When the execution of the contract thus kept alive would, owing to the alteration of trade conditions, cause one of the parties substantial prejudice, the Mixed Arbitral Tribunal provided for by Section Vl shall be empoweredl to grant to the prejudiced party equitable compensation.

(c) Having regard to the provisions of the constitution and law of the United States of America, of Brazil, and of Japan, neither the present Article, nor Article 183, nor the Annex hereto shall apply to contracts made between nationals of these States and Bulgarian nationals; nor shall Article 189 apply to the United States of America or its nationals.

(d) The present Article and the Annex hereto shall not apply to contracts the parties to which became enemies by reason of one of them being an inhabitant of territory of which the sovereignty has been transferred, if such party shall acquire under the present Treaty the nationality of an Allied or Associated Power, nor shall they apply to contracts between nationals of the Allied and Associated Powers between whom trading has been prohibited by reason of one of the parties being in Allied or Associated territory in the occupation of the enemy.

(e) Nothing in the present Article or the Annex hereto shall be deemed to invalidate a transaction lawfully carried out in accordance with a contract between enemies if it has been carried out with the authority of one of the belligerent Powers.

ARTICLE 181.

Transfers of territory under the present Treaty shall not preju- dice the private rights referred to in the Treaties of Constantinople, 1913, of Athens, 1913, and of Stamboul, 1914.

Transfers of territory by or to Bulgaria under the present Treaty shall similarly and to the same extent ensure the protection of these private rights.

In case of disagreement as to the application of this Article the difference shall be submitted to an arbitrator appointed by the Council of the League of Nations.

ARTICLE 182.

Concessions, guarantees of receipts, and rights of exploitation in Bulgarian territory as fixed by the present Treaty in which nationals of the Allied and Associated Powers, or companies or associations controlled by such nationals, are interested may in case either of abnormal conditions of working or of dispossession resulting from conditions or measures of war be extended on the application of the interested party, which must be presented within three months from the coming into force of the present Treaty, for a period to be determined by the Mixed Arbitral Tribunal, which shall take aecount of the period of dispossession or of abnormal conditions of working.

All arrangements approved or agreements come to before the entry of Bulgaria into the war between the Bulgarian authorities and companies or associations controlled by Allied financial groups are confirmed. Nevertheless, periods of time, prices and conditions therein laid down may be revised having regard to the new economic conditions. In case of disagreement the decision shall rest with the Mixed Arbitral Tribunal.

ARTICLE 183.

(a) All periods of prescription, or limitation of right of action, whether they began to run before or after the outbreak of war shall be treated in the territory of the High Contracting Parties so far as regards relations between enemies, as having been suspended for the duration of the war. They shall begin to run again at earliest three months after the coming into force of the present Treaty. This provision shall apply to the period prescribed for the presentation of interest or dividend coupons or for the presentation for repayment of securities drawn for repayment or repayable on any other ground.

(b) Where, on account of failure to perform any act or comply with any formality during the war, measures of execution have been taken in Bulgarian territory to the prejudice of a national of an Allied or Associated Power, the claim of such national shall if the matter does not fall within the competence of the Courts of an Allied or Associated Power, be heard by the Mixed Arbitral Tribunal provided for by Section VI.

(c) Upon the application of any interested person who is a national of an Allied or Associated Power, the Mixed Arbitral Tribunal shall order the restoration of the rights which have been prejudiced by the measures of execution referred to in paragraph (b), wherever, having regard to the particular circumstances of the case, such restoration is equitable and possible.

If such restoration is inequitable or impossible the Mixed Arbitral Tribunal may grant compensation to the prejudiced party to be paid by the Bulgarian Government.

(d) Where a contract between enemies has been dissolved by reason either of failure on the part of either party to carry out its provisions or of the exercise of a right stipulated in the contract itself the party prejudiced may apply to the Mixed Arbitral Tribunal for relief. The Tribunal will have the powers provided for in paragraph (c).

(e) The provisions of the preceding paragraphs of this Article shall apply to the nationals of Allied and Associated Powers who have been prejudiced by reason of measures referred to above taken by Bulgaria in invaded or occupied territory, if they have not been otherwise compensated.

(f) Bulgaria shall compensate any third party who may be prejudiced by any restitution or restoration ordered by the Mixed Arbitral Tribunal under the provisions of the preceding paragraphs of this Article.

(g) As regards negotiable instruments, the period of three months provided under paragraph (a) shall commence as from the date on which any exceptional regulations applied in the territories of the interested Power with regard to negotiable instruments shall have definitely ceased to have force.

ARTICLE 184.

As between enemies no negotiable instrument made before the war shall be deemed to have become invalid by reason only of failure within the required time to present the instrument for acceptance or payment or to give notice of non-acceptance or non-payment to drawers or indorsers or to protest the instrument, nor by reason of failure to complete any formality during the war.

Where the period within which a negotiable instrument should have been presented for acceptance or for payment, or within which notice of non-acceptance or non-payment should have been given to the drawer or indorser, or within which the instrument should have been protested, has elapsed during the war, and the party who should have presented or protested the instrument or have given notice of non-acceptance or non-payment has failed to do so during the war, a period of not less than three months from the coming into force of the present Treaty shall be allowed within which presentation, notice of non-acceptance or non-payment or protest may be made.

ARTICLE 185.

Judgments given by the Courts of an Allied or Associated Power in all cases which under the present Treaty they are competent to decide shall be recognised in Bulgaria as final, and shall be enforced without it being necessary to have them declared executory.

If a judgment or measure of execution in respect of any dispute which may have arisen has been given during the war by a Bulgarian judicial authority against a national of an Allied or Associated Power or a company or association in which one of such nationals was interested, in a case in which either such national or such company or association was not able to make their defence, the Allied or Associated national who has suffered prejudice thereby shall be entitled to recover compensation, to be fixed by the Mixed Arbitral Tribunal provided for in Section VI.

At the instance of the national of the Allied or Associated Power the compensation above mentioned may, upon order to that effect of the Mixed Arbitral Tribunal, be effected where it is possible by replacing the parties in the situation which they occupied before the judgment was given by the Bulgarian Court.

The above compensation may likewise be obtained before the Mixed Arbitral Tribunal by the nationals of Allied or Associated Powers who have suffered prejudice by judicial measures taken in invaded or occupied territories, if they have not been otherwise compensated.

ARTICLE 186.

Any company incorporated in accordance with some law other than that of Bulgaria owning property, rights or interests in Bulgaria, which is now or shall hereafter be controlled by nationals of the Allied and Associated Powers, shall have the right, within five years from the coming into force of the present Treaty, to transfer its property, rights and interest to another company incorporated in accordance with Bulgarian law or the law of one of the Allied and Associated Powers whose nationals control it; and the company to which the property is transferred shall continue to enjoy the same rights and privileges which the other company enjoyed under the laws of Bulgaria and the terms of the present Treaty. This company shall not be subjected to any special tax on account of this transfer.

ARTICLE 187.

For the purpose of Sections III, IV, V and Vll, the expression "during the war" means for each Allied or Associated Power the period between the commencement of the state of war between that Power and Bulgaria and the coming into force of the present Treaty.

ANNEX.
I. General Provisions.
I.

Within the meaning of Articles 180, 183 and 184, the parties to a contract shall be regarded as enemies when trading between them shall have been prohibited by or otherwise become unlawful under laws, orders or regulations to which one of those parties was subject. They shall be deemed to have become enemies from the date when such trading was prohibited or otherwise became unlawful.

2.

The following classes of contracts are excepted from dissolution by Article 180 and, without prejudice to the rights contained in Article 177 (b) of Section IV, remain in force subject to the application of domestic laws, orders or regulations made during the war by the Allied and Associated Powers and subject to the terms of the contracts:

(a) Contracts having for their object the transfer of estates or of real or personal property where the property therein had passed or the object had been delivered before the parties became enemies;

(b) Leases and agreements for leases of land and houses;

(c) Contracts of mortgage, pledge or lien;

(d) Concessions concerning mines, quarries or deposits;

(e) Contracts between individuals or companies and States, provinces, municipalities, or other similar juridical persons charged with administrative functions, and concessions granted by States, provinces, municipalities, or other similar juridical persons charged with administrative functions, including contracts and concessions concluded or accorded by the Turkish Government in the territories ceded by the Turkish Empire to Bulgaria before the coming into force of the present Treaty.

3

lf the provisions of a contract are in part dissolved under Article 180, the remaining provisions of that contract shall, subject to the same application of domestic law as is provided for in pararaph 2, continue in force if they are severable, but where they are not severable the contract shall be deemed to have been dissolved in its entirety

II. Provisions relating to certain classes of Contracts.
Stock Exhcange and Commercial Exchange Contracts.

4

(a) Rules made during the war by any recognised Exchange or Commercial Association providing for the closure of contracts entered into before the war by an enemy are confirmed by the High Contncting Parties, as also any action taken thereunder, provided

(1) That the eontract was expressed to be made subject to the rules of the Exchange or Association in question;

(2) That the rules applied to all persons concerned;

(3) That the conditions attaching to the closure were fair and reasonable

(b) The preceding paragraph shall not apply to rules made during the occupation by Excanges or Commercial Associations in the districts occupied by the enemy

5

The sale of a security held for an unpaid debt owing by an enemy shiall be deemed to have been valid irrespective of notice to the owner if the creditor acted in good fairth and with reasonable care and prudence, and no claim by the debtor on the ground of such sale shall be admitted

This stipulation shall not apply to any sale of securities effected by an enemy during the occupation in regions invaded or occupied by the enemy

Negotiable Instruments.

6

As regards Powers which adopt Section III and the Annex thereto the pecuniary obligations existing between enemies and resulting from the issue of negotiable instruments shalll be adjusted in conformity with the said Annex by the instrumentality of the Clearing Offices, which shall assume the rights of the holder as regards the various remedies open to him

If a person has either before or during the war become liable upon a negotiable instrument in accordance with an undertaking given to him by a person who has subsequently become an enemy, the latter shall remain liablele to indemnify the former in respect of his liability notwithstanding the outbreak of war

III Contracts of Insurance
8

Contracts of insurance entered into by any person with another person who subsequently became an enemy will be dealt with in accordance with the following paragraphs

Fire Insurance.

9

Contracts for the insurance of property against fire entered into by a person interested in such property with another person who subsequently became an enemy shall not be deemed to have been dissolved by the outbreak of war, or by the fact of the person becoming an enemy, or on account of the failure during the war and for a period of three months thereafter to perform his obligations under the contract, but they shall be dissolved at the date when the annual premium becomes payable for the first time after the expiration of a period of three months after the coming into force of the present Treaty.

A settlement shall be effected of unpaid premiums which became due during the war, or of claims for losses which occurred during the war.

10.

Where by administrative or legislative action an insurance against fire effected before the war has been transferred during the war from the original to another insurer, the transfer will re recognised and the liability of the original insurer will be deemed to have ceased as from the date of the transfer. The original insurer will, however, be entitled to receive on demand full information as to the terms of the transfer, and if it should appear that these terms were not equitable they shall be amended so far as may be necessary to render them equitable.

Furthermore, the insured shall, subject to the concurrence of the original insurer, be entitled to retransfer the contract to the original insurer as from the date of the demand.

Life Insurance.

11.

Contracts of life insurance entered into between an insurer and a person who subsequently became an enemy shall not be deemed to have been dissolved by the outbreak of war, or by the fact of the person becoming an enemy.

12.

Any sum which during the war became due upon a contract deemed not to have been dissolved under paragraph 1 l shall be recoverable after the war with the addition of interest at five per cent. per annum from the date of its becoming due up to the day of payment.

Where the contract has lapsed during the war owing to non-payment of premiums, or has become void from breach of the conditions of the contract, the assured or his representatives or the persons entitled shall have the right at any time within twelve months of the coming into force of the present Treaty to claim from the insurer the surrender value of the policy at the date of its lapse or avoidance.

Where the contract has lapsed during the war owing to non-payment of premiums the payment of which has been prevented by the enforcement of measures of war, the assured or his representative or the persons entitled shall have the right to restore the contract on payment of the premiums with interest at five per cent. per annum within three months from the coming into force of the present Treaty.

13.

Where contracts of life insurance have been entered into by a local branch of an insurance company established in a country which subsequently became an enemy country, the contract shall, in the absence of any stipulation to the contrary in the contract itself, be governed by the local law, but the insurer shall be entitled to demand from the insured or his representatives the refund of sums paid on claims made or enforced under measures taken during the war, if the making or enforcement of such claims was not in accordance with the terms of the contract itself or was not consistent with the laws or treaties existing at the time when it was entered into.

14

In any case where by the law applicable to the contract the insurer remains bound by the contract notwithstanding the non-payment of premiums until notice is given to the insured of the termination of the contract, he shall be entitled where the giving of such notice was prevented by the war to recover the unpaid premiums with interest at five per cent. per annum from the insured.

15.

Insurance contracts shall be considered as contracts of life insurance for the purpose of paragraphs 1l to 14 when they depend on the probabilities of human life combined with the rate of interest for the calculation of the reciprocal engagements between the two parties.

Marine Insurance.
16.

Contracts of marine insurance, including time policies and voyage policies, entered into between an insurer and a person who subsequently became an enemy, shall be deemed to have been dissolved on his becoming an enemy, except in cases where the risk undertaken in the contract had attached before he became an enemy.

Where the risk had not attached, money paid by way of premium or otherwise shall be recoverable from the insurer.

Where the risk had attached effect shall be given to the contract notwithstanding the party becoming an enemy, and sums due under the contract either by way of premiums or in respect of losses shall be recoverable after the coming into force of the present Treaty.

In the event of any agreement being come to for the payment of interest on sums due before the war to or by the nationals of States which have been at war and recovered after the war, such interest shall in the case of losses recoverable under contracts of marine insurance run from the expiration of a period of one year from the date of the loss.

17.

No contract of marine insurance with an insured person who subsequently became an enemy shall be deemed to cover losses due to belligerent action by the Power of which the insurer was a national or by the allies or associates of such Power.

18.

Where it is shown that a person who had before the war entered into a contrect of marine insurance with an insurer who subsequently became an enemy entered after the outbreak of war into a new contract covering the same risk with an insurer who was not an enemy, the new contract shall be deemed to be substituted for the original contract as from the date when it was entered into, and the premiums payable shall be adjusted on the basis of the original insurer having remained liable on the contract only up till the time when the new contract was entered into.

Other Insurances.
19

Contracts of insurance entered into before the war between an insurer and a person who subsequently became an enemy, other than contracts dealt with in paragraphs 9 to 18, shall be treated in all respects on the same footing as contracts of fire insurance between the same persons would be dealt with under the said paragraphs.

Re-insurance
20.

All treaties of re-insurance with a person who became an enemy shall be regarded as having been abrogated by the person becoming an enemy, but without prejudice in the case of life or marine risks which had attached before the war to the right to recover payment after the war for sums due in respect of such risks.

Nevertheless if, owing to invasion, it has been impossible for the re-insured to find another re-insurer, the treaty shall remain in force until three months after the coming into force of the present Treaty.

SECTION IV.
PROPERTY, RIGHTS AND INTERESTS..

Where a re-insurance treaty becomes void under this paragraph, there shall be an adjustment of accounts between the parties in respect both of premiums paid and payable and of liabilities for losses in respect of life or marine risks which had attached before the war. In the case of risks other than those mentioned in paragraphs 11 to 18 the adjustment of accounts shall be made as at the date of the parties becoming enemies without regard to claims for losses which may have occurred since that date.

21.

The provisions of the preceding paragraph will extend equally to re-insurances existing at the date of the parties becoming enemies of particular risks undertaken by the insurer in a contract of insurance against any risks other than life or marine risks.

22.

Re-insurance of life risks effected by particular contracts and not under any general treaty remain in force.

23.

In case of a re-insurance effected before the war of a contract of marine insurance, the cession of a risk which had been ceded to the re-insurer shall, if it had attached before the outbreak of war, remain valid and effect be given to the contract notwithstanding the outbreak of war; sums due under the contract of re-insurance in respect either of premiums or of losses shall be recoverable after the war.

24.

The provisions of paragraphs 17 and 18 and the last part of paragraph 16 shall apply to contracts for the re-insurance of marine risks.

SECTION VI.

MIXED ARBITRAL TRIBUNAL.

ARTICLE 188.

(a) Within three months from the coming into force of the present Treaty a Mixed Arbitral Tribunal shall be established between each of the Allied and Associated Powers on the one hand and Bulgaria on the other hand: Each such Tribunal shall consist of three members. Each of the Governments concerned shall appoint one of these members. The President shall be chosen by agreement between the two Governments concerned.

In case of failure to reach agreement, the President of the Tribunal and two other persons, either of whom may in case of need take his place, shall be chosen by the Council of the League of Nations, or, until this is set up, by M. Gustave Ador if he is willing. These persons shall be nationals of Powers that have remained neutral during the war.

If, in case there is a vacancy, a Government does not proceed within a period of one month to appoint as provided above a member of the Tribunal, such member shall be chosen by the other Government from the two persons mentioned above other than the President.

The decision of the majority of the members of the Tribunal shall be the decision of the Tribunal.

(b) The Mixed Arbitral Tribunals established pursuant to paragraph (a) shall decide all questions within their competence under Sections III, IV, V, Vll and Vlll.

In addition, all questions, whatsoever their nature, relating to contracts concluded before the coming into force of the present Treaty between nationals of the Allied and Associated Powers and Bulgarian nationals shall be decided by the Mixed Arbitral Tribunal, always excepting questions which, under the laws of the Allied, Associated or Neutral Powers, are within the jurisdiction of the National Courts of those Powers. Such questions shall be decided by the National Courts in question, to the exclusion of the Mixed J\rbitral Tribunal. The party who is a national of an Allied or Associated Power may nevertheless bring the case before the Mixed Arbitral Tribunal if this is not prohibited by the laws of his country.

(c) If the number of cases justifies it, additional members shall be appointed and each Mixed Arbitral Tribunal shall sit in divisions. Each of these divisions will be constituted as above.

(d) Each Mixed Arbitral Tribunal will settle its own procedure, except in so far as it is provided in the following Annex, and is empowered to award the sums to be paid by the loser in respect of the costs and expenses of the proceedings.

(e) Each Government will pay the remuneration of the member of the Mixed Arbitral Tribunal appointed by it and of any agent whom it may appoint to represent it before the Tribunal. The remuneration of the President will be determined by special agreement between the Governments concerned; and this remun- eration and the joint expenses of each Tribunal will be paid by the two Governments in equal moieties.

(f) The High Contracting Parties agree that their courts and authorities shall render to the Mixed Arbitral Tribunals direct all the assistance in their power, particularly as regards transmitting notices and collecting evidence.

(g) The High Contracting Parties agree to regard the decisions of the Mixed Arbitral Tribunal as final and conclusive, and to render them binding upon their nationals.

ANNEX.

1.

Should one of the members of the Tribunal either die, retire, or be unable for any reason whatever to discharge his functions, the same procedure will be followed for filling the vacancy as was followed for appointing him.

2.

The Tribunal may adopt such rules of procedure as shall be in accordance with justice and equity and decide the order and time at which each party must conclude its arguments, and may arrange all formalities required for dealing with the evidence.

3.

The agent and counsel of the parties on each side are authorised to present orally and in writing to the Tribunal arguments in support or in defence of each case.

4

The Tribunal shall keep record of the questions and cases submitted and the proceedings thereon, with the dates of such proceedings.

5.

Each of the Powers concerned may appoint a secretary. These secretaries shall act together as joint secretaries of the Tribunal and shall be subject to its direction. The Tribunal may appoint and employ any other necessary officer or offficers to assist in the performance of its duties.

6.

The Tribunal shall decide all questions and matters submitted upon such evidence and information as may be furnished by the parties concerned.

7.

Bulgaria agrees to give the Tribunal all facilities and information required by it for carrying out its investigations.

8.

The language in which the proceedings shall be conducted shall, unless otherwise agreed, be English, French, or Italian, as may be determined by the Allied or Associated Power concerned.

9.

The place and time for the meetings of each Tribunal shall be determined by the President of the Tribunal.

ARTICLE 189.

Whenever a competent court has given or gives a decision in a case covered by Sections III, IV, V, Vll or Vlll, and such decision is inconsistent with the provisions of such Sections, the party who is prejudiced by the decision shall be entitled to obtain redress, which shall be fixed by the Mixed Arbitral Tribunal. At the request of the national of an Allied or Associated Power, the redress may, whenever possible, be effected by the Mixed Arbitral Tribunal directing the replacement of the parties in the position occupied by them before the judgment was given by the Bulgarian court.

SECTION VII.
INDUSTRIAL PROPERTY.
ARTICLE 190

Subject to the stipulations of the present Treaty, rights of industrial, literary and artistic property, as such property is defined by the International Conventions of Paris and of Berne, mentioned in Article 166, shall be re-established or restored, as from the coming into force of the present Treaty, in the territories of the High Contracting Parties, in favour of the persons entitled to the benefit of them at the moment when the state of war commenced, or their legal representatives. Equally, rights which, except for the war, would have been acquired during the war in consequence of an application made for the protection of industrial property, or the publication of a literary or artistic work, shall be recognised and established in favour of those persons who would have been entitled thereto, from the coming into force of the present Treaty.

Nevertheless, all acts done by virtue of the special measures taken during the war under legislative, executive or administrative authority of any Allied or Associated Power in regard to the rights of Bulgarian nationals in industrial, literary or artistic property shall remain in force and shall continue to maintain their full effect.

No claim shall be made or action brought by Bulgaria or Bulgarian nationals in respect of the use during the war by the Government of any Allied or Associated Power, or by any persons acting on behalf or with the assent of such Government, of any rights in industrial, literary or artistic property, nor in respect of the sale, offering for sale, or use of any products, articles or apparatus whatsoever to which such rights applied.

Unless the legislation of any one of the Allied or Associated Powers in force at the moment of the signature of the present Treaty otherwise directs, sums due or paid in virtue of any act or operation resulting from the execution of the special measures mentioned in the second paragraph of this Article shall be dealt with in the same way as other sums due to Bulgarian nationals are directed to be dealt with by the present Treaty; and sums produced by any special measures taken by the Bulgarian Government in respect of rights in industrial, literary or artistic property belonging to the nationals of the Allied or Associated Powers shall be considered and treated in the same way as other debts due from Bulgarian nationals.

Each of the Allied and Associated Powers reserves to itself the right to impose such limitations, conditions or restrictions on rights of industrial, literary or artistic property (with the exception of trade-marks) acquired before or during the war, or which may be subsequently acquired in accordance with its legislation, by Bulgarian nationals, whether by granting licences, or by the working, or by preserving control over their exploitation, or in any other way, as may be considered necessary for national defence, or in the public interest, or for assuring the fair treatment by Bulgaria of the rights of industrial, literary and artistic property held in Bulgarian territory by its nationals, or for securing the due fulfilment of all the obligations undertaken by Bulgaria in the present Treaty. As regards rights of industrial, literary and artistic property acquired after the coming into force of the present Treaty, the right so reserved by the Allied and Associated Powers shall only be exercised in cases where these limitations conditions or restrictions may be considered necessary for national defence or in the public interest.

In the event of the application of the provisions of the preceding paragraph by any Allied or Associated Power, there shall be paid reasonable indemnities or royalties, which shall be dealt with in the same way as other sums due to Bulgarian nationals are directed to be dealt with by the present Treaty.

Each of the Allied or Associated Powers reserves the right to treat as void and of no effect any transfer in whole or in part of or other dealing with rights of or in respect of industrial, literary or artistic property effected after August 1, 1914, or in the future, which would have the result of defeating the objects of the provisions of this Article.

The provisions of this Article shall not apply to rights in industrial, literary or artistic property which have been dealt with in the liquidation of businesses or companies under war legislation by the Allied or Associated Powers, or which may be so dealt with by virtue of Article 177, paragraph (b).

ARTICLE 191.

A minimum of one year after the coming into force of the present Treaty shall be accorded to the nationals of the High Contracting Parties, without extension fees or other penalty, in order to enable such persons to accomplish any act, fulfil any formality, pay any fees, and generally satisfy any obligation prescribed by the laws or regulations of the respective States relating to the obtaining, preserving or opposing rights to, or in respect of, industrial property either acquired before August 1, 1914, or which, except for the war, might have been acquired since that date as a result of an application made before the war or during its continuance; but nothing in this Article shall give any right to reopen interference proceedings in the United States of America where a final hearing has taken place.

All rights in, or in respect of, such property which may have

                                            lapsed by reason of any failure to accomplish any act, fulfil any
                                            formality, or make any payment, shall revive, but subject in the
                                            case of patents and designs to the imposition of such conditions as
                                            each Allied or Associated Power may deem reasonably necessary
                                            for the protection of persons who have manufactured or made use
                                            of the subject-matter of such property while the rights had lapsed.
                                            Further, where rights to patents or designs belonging to Bulgarian
                                            nationals are revived under this Article, they shall be subject in
                                            respect of the grant of licences to the same provisions as would
                                            have been applicable to them during the war, as well as to all the
                                            provisions of the present Treaty.

The period from August 1, 1914, until the coming into force of the present Treaty shall be excluded in considering the time within which a patent should be worked or a trade-mark or design used, and it is further agreed that no patent, registered trade-mark or design in force on August 1, 1914, shall be subject to revocation or cancellation by reason only of the failure to work such patent or use such trade-mark or design for two years after the coming into force of the present Treaty.

ARTICLE 192.

No action shall be brought and no claim made by persons re- siding or carrying on business within the territories of Bulgaria on the one part and of the Allied or Associated Powers on the other, or persons who are nationals of such Powers respectively, or by any one deriving title during the war from such persons, by reason of any action which has taken place within the territory of the other party between the date of the existence of a state of war and that of the coming into force of the present Treaty, which might constitute an infringement of the rights of industrial property or rights of literary and artistic property, either existing at any time during the war or revived under the provisions of Article 191.

Equally, no action for infringement of industrial, literary or artistic property rights by such persons shall at any time be permissible in respect of the sale or offering for sale for a period of one year after the signature of the present Treaty in the territories of the Allied or Associated Powers on the one hand or

Bulgaria on the other, of products or articles manufactured, or of literary or artistic works published, during the period between the existence of a state of war and the signature of the present Treaty, or against those who have acquired and continue to use them. It is understood, nevertheless, that this provision shall not apply when the possessor of the rights was domiciled or had an industrial or commercial establishment in the districts occupied by Bulgaria during the war.

                 This Article shall not apply as between the United States of

America on the one hand and Bulgaria on the other.

            ARTICLE 193.

Licences in respect of industrial, literary, or artistic property

concluded before the war between nationals of the Allied or Associated Powers or persons residing in their territory or carrying on business therein, on the one part, and Bulgarian nationals, on the other part, shall be considered as cancelled as from the date of the existence of a state of war between Bulgaria and the Allied or Associated Power. But, in any case, the former beneficiary of a contract of this kind shall have the right, within a period of six months after the coming into force of the present Treaty, to demand from the proprietor of the rights the grant of a new licence, the conditions of which, in default of agreement between the parties, shall be fixed by the duly qualified tribunal in the country under whose legislation the rights hacl been acquired, except in the case of licences held in respect of rights acquired under Bulgarian law. In such cases the conditions shall be fixed by the Mixed Arbitral Tribunal referred to in Section Vl of this Part. The tribunal may, if necessary, fix also the amount which it may deem just should be paid by reason of the use of the rights during the war.

                 No licence in respect of industrial, literary or artistic property

granted under the special war legislatio Powers will specify the property rights and interests over which they intend to exerc licence entered into before the war, but shall remain valid and of full effect, and a licence so granted to the former beneficiary of a licence entered into before the war shall be considered as substituted for such licence.

                Were sums have been paid during the war by virtue of a

licence or agreement concluded before the war in respect of rights

                                           of industrial property or for the reproduction or the representation of literary, dramatic or artistic works, these sums shall be
                                           dealt with in the same manner as other debts or credits of Bulgarian nationals, as provided by the present Treaty.

This Article shall not apply as between the United States of America on the one hand and Bulgaria on the other.

ARTICLE 194.

The inhabitants of territories transferred under the present Treaty shall, notwithstanding this transfer and the change of nationality consequent thereon, continue to enjoy in Bulgaria all the rights in industrial, literary and artistic property to which they were entitled under Bulgarian legislation at the time of the transfer.

Rights of industrial, literary and artistic property which are in force in the territories transferred under the present Treaty at the moment of their transfer from Bulgaria, or which will be re-established or restored in accordance with the provisions of Article 190, shall be recognised by the State to which the said territory is transferred and shall remain in force in that territory for the same period of time given them under the Bulgarian law.

ARTICLE 195.

A special convention shall determine all questions relative to the records, registers and copies in connection with the protection of industrial, literary or artistic property, and fix their eventual transmission or communication by the Bulgarian Offices to the Offices of the States to which Bulgarian territory is transferred.

SECTION VIII.
SPECIAL PROVISIONS RELATING TO TRANSFERRED TERRITORY.
ARTICLE 196.

Of the individuals and juridical persons previously nationals of Bulgaria those who acquire ipsofacto under the present Treaty

the nationality of an Allied or Associated Power are designated in the provisions which follow by the expression "former Bulgarian nationals," the remainder being designated by the expression "Bulgarian nationals."

           ARTICLE 197.

The Bulgarian Government shall without delay restore to

former Bulgarian nationals their property, rights and interests situated in Bulgarian territory. The said property, rights and interes1.s shall be restored free of any charge or tax established or increased since September 29,1918.

              The amount of taxes and imposts on capital which have been

levied or increased on the property, rights and interests of former Bulgarian nationals since September 29, 1918, or which shall be levied or increased until restitution in accordance with the provisions of the present Treaty, or, in the case of property, rights, and interests which have not been subjected to exceptional measures of war, until three months from the coming into force of the present Treaty, shall be returned to the owners.

              The property, rights, and interests restored shall not be subject to any tax levied in respect of any other property or any

other business owned by the same person after such property had been removed from Bulgaria, or such business had ceased to be carried on therein.

              If taxes of any kind have been paid in anticipation in respect

of property, rights and interests removed from Bulgaria, the proportion of such taxes paid for any period subsequent to the removal of the property, rights and interests in question shall be returned to the owners.

              Legacies, donations and funds given or established in Bulgaria

for the benefit of former Bulgarian nationals shall be placed by Bulgaria, so far as the funds in question are in her territory, at the disposition of the Allied or Associated Power of which the persons in question are now nationals, in the condition in which these funds were on September 20, 1915, taking account of payments properly made for the purpose of the Trust.

           ARTICLE 198.

All contracts between former Bulgarian nationals of the one

part and Bulgaria or Bulgarian nationals of the other part, which

                                           were made before September 29, 1918, and which were in force
                                           at that date, shall be maintained.

Nevertheless, any contract of which the Government of the Allied or Associated Power whose nationality the former Bulgarian national who is a party to the contract has acquired shall notify the cancellation, made in the general interest, to Bulgaria within a period of six months from the coming into force of the present Treaty, shall be annulled, except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder.

The cancellation above referred to shall not be made in any case where the Bulgarian national who is a party to the contract shall have received permission to reside in the territory transferred to the Allied or Associated Power concerned.

ARTICLE 199.

If the annulment provided for in Article 52 would cause one of the parties substantial prejudice, the Mixed Arbitral Tribunal provided for by Section VI of this Part shall be empowered to grant to the prejudiced party compensation calculated solely on the capital employed, without taking account of the loss of profits.

ARTICLE 200.

With regard to prescriptions, limitations and forfeitures in territory transferred from Bulgaria, the provisions of Articles 183 and 184 shall be applied with substitution for the expression "outbreak of warn of the expression "date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations between the parties became impossible in fact or in law," and for the expression "duration of the war" of the expression "period between the date above indicated and that of the coming into force of the present Treaty."

. ARTICLE 201.

Bulgaria undertakes to recognise, so far as she may be con-erned, any agreement or convention which has been or shall be made between the Allied and Associated Powers for the purpose of safeguarding the rights and interests of the nationals of these Powers interested in companies or associations constituted

according to the laws of Bulgaria, which exercise any activities whatever in the transferred territories. She undertakes to facilitate all measures of transfer, to restore all documents or securities, to furnish all information, and generally to accomplish all acts or formalities appertaining to the said agreements or conventions.

           ARTICLE 202.

The settlement of questions relating to debts contracted before

September 29, 1918, between Bulgaria or Bulgarian nationals resident in Bulgaria of the one part and former Bulgarian nationals resident in the transferred territories of the other part, shall be effected in accordance with the provisions of Article 176 and the Annex thereto, the expression "before the war" being replaced by the expression "before the date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations between the parties became impossible in fact or in law."

              If the debts were expressed in Bulgarian currency they shall

be paid in that currency; if the debt was expressed in any currency other than Bulgarian, it shall be paid in the currency stipulated.

           ARTICLE 203.

Without prejudice to other provisions of the present Treaty,

the Bulgarian Government undertakes to hand over to any Power to which Bulgarian territory is transferred such portion of the reserves accumulated by the Government or the administrations of Bulgaria, or by public or private organisations under their control, as is attributable to the carrying on of Social or State Insurance in such territory.

              The Powers to which these funds are handed over must apply

them to the performance of the obligations arising from such insurances.

              The conditions of the delivery will be determined by special

conventions to be concluded between the Bulgarian Government and the Governments concerned

              In case these special conventions are not concluded in accordance with the above paragraph within three months after the

coming into force of the present Treaty, the conditions of transfer shall in each case be referred to a Commission of five members, one of whom shall be appointed by the Bulgarian Government, one by the other interested Government and three by the

                                           Governing Body of the International Labour Office from the
                                           nationals of other States. This Commission shall by majority
                                           vote within three months after appointment adopt recommendations for submission to the Council of the League of Nations
                                           and the decisions of the Council shall forthwith be accepted as
                                           final by Bulgaria and the other States concerned.

PART X.
AERIAL NAVIGATION.
ARTICLE 204.

The aircraft of the Allied and Associated Powers shall have full

liberty of passage and landing over and in the territory and territorial waters of Bulgaria, and shall enjoy the same privileges as aircraft belonging to Bulgaria, particularly in case of distress by land or sea.

            ARTICLE 205.

The aircraft of the Allied and Associated Powers shall, while

in transit to any foreign country whatever, enjoy the right of flying over the territory and territorial waters of Bulgaria without landing, subject always to any regulations which may be made by Bulgaria, and which shall be applicable equally to the aircraft of Bulgaria and to those of the Allied and Associated countries.

            ARTICLE 206.

All aerodromes in Bulgaria open to national public traffic shall

be open for the aircraft of the Allied and Associated Powers, and in any such aerodrome such aircraft shall be treated on a footing of equality with Bulgarian aircraft as regards charges of every description, including charges for landing and accommodation.

           ARTICLE 207.

Subject to the present provisions, the rights of passage, transit

and landing provided for in Articles 204, 205 and 206 are subject to the observance of such regulations as Bulgaria may consider it necessary to enact, but such regulations shall be applied without distinction to aircraft belonging to Bulgaria and to the aircraft of the Allied and Associated countries.

           ARTICLE 208.

Certificates of nationality, airworthiness, or competency and

licences, issued or recognised as valid by any of the Allied and

                                           Associated Powers, shall be recognised in Bulgaria as valid and
                                           as equivalent to the certificates and licences issued by Bulgaria.

ARTICLE 209.

As regards internal commercial air traffic the aircraft of the Allied and Associated Powers shall enjoy in Bulgaria most favoured nation treatment.

ARTICLE 210.

Bulgaria undertakes to enforce the necessary measures to ensure that all Bulgarian aircraft flying over her territory shall comply with the Rules as to lights and signals, Rules of the Air, and Rules for Air Traffic on and in the neighbourhood of aerodromes, which have been laid down in the Convention relative to Aerial Navigation concluded between the Allied and Associated Powers.

ARTICLE 211.

The obligations imposed by the provisions of this Part shall remain in force until January 1, 1923, unless before that date Bulgaria shall have been admitted into the League of Nations or shall have been authorized by consent of the Allied and Associated Powers to adhere to the Convention relative to Aerial Navigation concluded between those Powers.

           PART Xl.
PORTS, WATERWAYS AND RAILWAYS
SECTION I.
GENERAL PROVISIONS.
ARTICLE 212

Bulgaria undertakes to grant freedom of transit through her

territories on the routes most convenient for international transit, either by rail, navigable waterway, or canal, to persons, goods, vessels, carriages, wagons and mails coming from or going to the territories of any of the Allied and Associated Powers (whether contiguous or not); for this purpose the crossing of territorial waters shall be allowed.

               Such persons, goods, vessels, carriages, wagons and mails shall

not be subjected to any transit duty or to any undue delays or restrictions, and shall be entitled in Bulgaria to national treatment as regards charges, facilities and all other matters.

               Goods in transit shall be exempt from all customs or other

similar duties.

               All charges imposed on transport in transit shall be reasonable

having regard to the conditions of the trahic. No charge, facility or restriction shall depend directly or indirectly on the ownership or on the nationality of any ship or other means of transport on which any part of the through journey has been, or is to be, accomplished.

           ARTICLE 213.

Bulgaria undertakes neither to impose nor to maintain any

control over transmigration traffic through her territories beyond measures necessary to ensure that passengers are bona fide in transit; nor to allow any shipping company or any other private body, corporation or person interested in the traffic to take any part whatever in, or to exercise any direct or indirect influence over, any administrative service that may be necessary for this purpose.

                                                         ARTICLE 214.

Bulgaria undertakes to make no discrimination or preference, direct or indirect, in the duties, charges and prohibitions relating to importations into or exportations from her territories, or, subject to the special engagements contained in the present Treaty, in the charges and conditions of transport of goods or persons entering or leaving her territories, based on the frontier crossed; or on the kind, ownership or flag of the means of transport (including aircraft) employed; or on the original or immediate place of departure of the vessel, wagon or aircraft or other means of transport employed, or its ultimate or intermediate destination; or on the route of or places of transhipment on the journey; or on whether any port through which the goods are imported or exported is a Bulgarian port or a port belonging to any foreign country; or on whether the goods are imported or exported by sea, by land or by air.

Bulgaria particularly undertakes not to establish against the ports and vessels of any of the Allied and Associated Powers any surtax or any direct or indirect bounty for export or import by Bulgarian ports or vessels, or by those of another Power, for example by means of combined tariffs. She further undertakes that persons or goods passing through a port or using a vessel of any of the Allied and Associated Powers shall not be subjected to any formality or delay whatever to which such persons or goods would not be subjected if they passed through a Bulgarian port or a port of any other Power, or used a Bulgarian vessel or a vessel of any other Power.

ARTICLE 215.

All necessary administrative and technical measures shall be taken to shorten, as much as possible, the transmission of goods across the Bulgarian frontiers and to ensure their forwarding and transport from such frontiers, irrespective of whether such goods are coming from or going to the territories of the Allied and Associated Powers or are in transit from or to those territories, under the same material conditions in such matters as rapidity of carriage and care en route as are enjoyed by other goods of the same kind carried on Bulgarian territory under similar conditions of transport.

In particular, the transport of perishable goods shall be

promptly and regularly carried out, and the customs formalities shall be effected in such a way as to allow the goods to be carried straight through by trains which make connection.

           ARTICLE 216.

The seaports of the Allied and Associated Powers are entitled

to all favours and to all reduced tariffs granted on Bulgarian railways or navigable waterways for the benefit of Bulgarian ports or of any port of another Power.

               Bulgaria may not refuse to participate in the tariffs or combinations of tariffs intended to secure for ports of any of the Allied

and Associated Powers advantages similar to those granted by Bulgaria to her own ports or the ports of any other Power.

           ARTICLE 217.

Notwithstanding any contrary provision in existing conventions, Bulgaria undertakes to grant, on the lines most convenient

for international transit, and subject to the tariffs in force, liberty of transit to telegraphic messages and telephone communications to or from any of the Allied and Associated Powers, whether contiguous or not. These messages and communications shall not be submitted to any unnecessary delays or restrictions and shall be entitled in Bulgaria to national treatment as regards facilities and rapidity of transmission. No charge, facility or restriction shall depend either directly or indirectly on the nationality of the sender or addressee.

          SECTION II.
NAVIGATION.
CHAPTER I.
FREEDOM OF NAVIGATION.
ARTICLE 218.

The nationals of any of the Allied and Associated Powers, as

well as their vessels and property, shall enjoy in all Bulgarian ports and on the inland navigation routes of Bulgaria the same treatment in all respects as Bulgarian nationals, vessels and property.

                                                            In particular, the vessels of any one of the Allied or Associated
                                            Powers shall be entitled to transport goods of any description,
                                            and passengers, to or from any ports or places in Bulgarian territory to which Bulgarian vessels may have access, under conditions which shall not be more onerous than those applied in the
                                            case of national vessels; they shall be treated on a footing of
                                            equality with national vessels as regards port and harbour
                                            facilities and charges of every description, including facilities
                                            for stationing, loading and unloading, and duties and charges
                                            of tonnage, harbour, pilotage, lighthouse, quarantine, and all
                                            analogous duties and charges of whatsoever nature, levied in the
                                            name of or for the profit of the Government, public functionaries,
                                            private individuals, corporations or establishments of any kind.

In the event of Bulgaria granting a preferential regime to any of the Allied or Associated Powers or to any other foreign Power, this regime shall be extended immediately and unconditionally to all the Allied and Associated Powers.

There shall be no impediment to the movement of persons or vessels other than those arising from prescriptions concerning customs, police, sanitation, emigration and immigration, and those relating to the import and export of prohibited goods. Such regulations must be reasonable and uniform and must not impede traffic unnecessarily.

CHAPTER II.
CLAUSES RELATING TO THE DANUBE.
(I) General Clauses relating to River Systems declared International.
ARTICLE 219.

The following river is declared international: the Danube from Ulm; together with all navigable parts of this river system which naturally provide more than one State with access to the sea, with or without transhipment from one vessel to another, as well as lateral canals and channels constructed either to duplicate or to improve naturally navigable sections of the specified river system or to connect two naturally navigable sections of the same river.

Any part of the above-mentioned river system which is not included in the general definition may be declared international by an agreement between the riparian States.

ARTICLE 220.

On the waterways declared to be international in the preceding

Article, the nationals, property and flags of all Powers shall be treated on a footing of perfect equality, no distinction being made, to the detriment of the nationals, property or flag of any Power, between them and the nationals, property or flag of the riparian State itself or of the most favoured nation.

           ARTICLE 221.

Bulgarian vessels shall not be entitled to carry passengers or

goods by regular services between the ports of any Allied or Associated Power without special authority from such Power.

               Bulgaria undertakes to maintain, in favour of the Allied and

Associated Powers and of their subjects, all the facilities enjoyed by them in Bulgarian ports before the war.

           ARTICLE 222.

Where such charges are not precluded by any existing convention, charges varying on different sections of a river may be

levied on vessels using the navigable channels or their approaches provided that they are intended solely to cover equitably the cost of maintaining in a navigable condition, or of improving, the river and its approaches, or to meet expenditure incurred in the interests of navigation. The schedule of such charges shall be calculated on the basis of such expenditure and shall be posted up in the ports. These charges shall be levied in such a manner as to render any detailed examination of cargoes unnecessary, except in cases of suspected fraud or contravention.

           ARTICLE 223.

The transit of vessels, passengers and goods on these waterways shall be effected in accordance with the general conditions

prescribed for transit in Section I above.

               When the two banks of an international river are within the

same State goods in transit may be placed under seal or in the custody of customs agents. When the river forms a frontier goods and passengers in transit shall be exempt from all customs formalities; the loading and unloading of goods, and the embarkation and disembarkation of passengers, shall only take place in the ports specified by the riparian State.

                                                          ARTICLE 224.

No dues of any kind other than those provided for in this Part shall be levied along the course or at the mouth of these rivers.

This provision shall not prevent the fixing by the riparian States of customs, local octroi or consumption duties, or the creation of reasonable and uniform charges levied in the ports, in accordance with public tariffs, for the use of cranes, elevators, quays, warehouses and other similar constructions.

ARTICLE 225.

In default of any special organisation for carrying out the works connected with the upkeep and improvement of the inter- national portion of a navigable system, each riparian State shall be bound to take suitable measures to remove any obstacle or danger to navigation and to ensure the maintenance of good conditions of navigation. If a State neglects to comply with this obligation any riparian State, or any State represented on the International Commission, may appeal to the tribunal instituted for this purpose by the League of Nations.

ARTICLE 226.

The same procedure shall be followed in the case of a riparian State undertaking any works of a nature to impede navigation in the international section. The tribunal mentioned in the preceding Article shall be entitled to enforce the suspension or suppression of such works, making due allowance in its decisions for all rights in connection with irrigation, water-power, fisheries and other national interests, which, with the consent of all the riparian States or of all the States represented on the International Commission, shall be given priority over the requirements of navigation.

Appeal to the tribunal of the League of Nations does not require the suspension of the works.

ARTICLE 227.

The regime set out in Articles 220 and 222 to 226 above shall be superseded by one to be laid down in a General Convention drawn up by the Allied and Associated Powers, and approved by the League of Nations, relating to the waterways recognised

in such Convention as having an international character. This latter Convention shall apply in particular to the whole or part of the above-mentioned river system of the Danube, and such other parts of that river system as may be covered by a general definition.

            Bulgaria undertakes, in accordance with the provisions of

Article 248, to adhere to the said General Convention.

           ARTICLE 228.

Bulgaria shall cede to the Allied and Associated Powers concerned, within a maximum period of three months from the date

on which notification shall be given her, a proportion of the tugs and vessels remaining registered in the ports of the river system referred to in Article 2ig after the deduction of those surrendered by way of restitution or reparation. Bulgaria shall in the same way cede material of all kinds necessary to the Allied and Associated Powers concerned for the utilisation of that river system.

            The number of the tugs and vessels, and the amount of the

material so ceded, and their distribution, shall be determined by an arbitrator or arbitrators nominated by the United States of America, due regard being had to the legitimate needs of the parties concerned, and particularly to the shipping traffic during the five years preceding the war.

            All craft so ceded shall be provided with their fittings and gear,

shall be in a good state of repair and in condition to carry goods and shall be selected from among those most recently built.

            When the cessions provided for in the present Article necessitate the acquisition of property which was privately owned on

October I5, 1918, or since that date, the arbitrator or arbitrators shall determine the rights of the former owners as they stood on October I5, 1918, and the amount of the compensation to be paid to them, and shall also direct the manner in which such payment is to be effected in each case. If the arbitrator or arbitrators find that the whole or part of this sum will revert directly or indirectly to Powers from whom reparation is due, they shall decide the sum to be placed under this head to the credit of the said Powers.

            As regards the Danube the arbitrator or arbitrators referred

to in this Article will also decide all questions as to the permanent allocation, and the conditions thereof, of the vessels whose ownership or nationality is in dispute between States.

                                                         Pending final allocation the control of these vessels shall be
                                            vested in a Commission consisting of representatives of the
                                            United States of America, the British Empire, France and Italy,
                                            who will be empowered to make provisional arrangements for
                                            the working of these vessels in the general interest by any local
                                                     in force until three months after the coming into
                                            without prejudice to the final allocation.

As far as possible these provisional arrangements will be on a commercial basis, the net receipts by the Commission for the hire of these vessels being disposed of as directed by the Reparation Commission.

(2) Special Clauses relating to the Danube.
ARTICLE 229.

The European Commission of the Danube reassumes the powers it possessed before the war. Nevertheless, as a provisional measure, only representatives of Great Britain, France, Italy and Roumania shall constitute this Commission.

ARTICLE 230.

From the point where the competence of the European Commission ceases, the Danube system referred to in Article 219 shall be placed under the administration of an International Commission composed as follows:

2 representatives of German riparian States;

1 representative of each other riparian State; 1 representative of each non-riparian State represented in the future on the European Commission of the Danube.

If certain of these representatives cannot be appointed at the time of the coming into force of the presens Treaty, the decisions of the Commission shall nevertheless be valid.

ARTICLE 231.

The International Commission provided for in the preceding Article shall meet as soon as possible after the coming into force of the present Treaty, and shall undertake provisionally the administration of the river in conformity with the provisions of Articles 220 and 222 to 226, until such time as a definitive statute regarding the Danube is concluded by the Powers nominated by the Allied and Associated Powers.

               The decisions of this International Commission shall be taken

by a majority vote. The salaries of the Commissioners shall be fixed and paid by their respective countries.

               As a provisional measure any deficit in the administrative expenses of this International Commission shall be borne equally

by the States represented on the Commission.

               In particular this Commission shall regulate the licensing of

pilots, charges for pilotage and the administration of the pilot service.

            ARTICLE 232.

Bulgaria agrees to accept the regime which shall be laid down

for the Danube by the Powers nominated by the Allied and Associated Powers, at a Conference which shall meet within one year after the coming into force of the present Treaty, and at which Bulgarian representatives may be present.

            ARTICLE 233.

The mandate given by Article 57 of the Treaty of Berlin of

July 13, 1878, to Austria-Hungary, and transferred by her to Hungary, to carry out works at the Iron Gates, is abrogated. The Commission entrusted with the administration of this part of the river shall lay down provisions for the settlement of accounts subject to the financial provisions of the present Treaty. Charges which may be necessary shall in no case be levied by Hungary.

           ARTICLE 234.

Should the Czecho-Slovak State, the Serb-Croat-Slovene

State or Roumania, with the authorisation of or under mandate from the International Commission, undertake maintenance, improvement, weir or other works on a part of the river system which forms a frontier, these States shall enjoy on the opposite bank, and also on the part of the bed which is outside their territory, all necessary facilities for the survey, execution and maintenance of such works.

           ARTICLE 235.

Bulgaria shall be obliged to make to the European Commission of the Danube all restitutions, reparations and indemnities

for damage inflicted on the Commission during the war.

                                                        SECTION III.
RAILWAYS.
CHAPTER 1.
CLAUSES RELATING TO INTERNATIONAL TRANSPORT.
ARTICLE 236.

Goods coming from the territories of the Allied and Associated Powers and going to Bulgaria, or in transit through Bulgaria from or to the territories of the Allied and Associated Powers, shall enjoy on the Bulgarian railways, as regards charges to be collected (rebates and drawbacks being taken into account), facilitties, and all other matters, the most favourable treatment applied to goods of the same kind carried on any Bulgarian lines, either in internal traffic, or for export, import or in transit, under similar conditions of transport, for example as regards length of route. The same rule shall be applied, on the request of one or more of the Allied and Associated Powers, to goods specially designated by such Power or Powers coming from Bulgaria and going to their territories.

International tariffs established in accordance with the rates referred to in the preceding paragraph and involving through way-bills shall be established when one of the Allied and Associated Powers shall require it from Bulgaria.

ARTICLE 237.

From the coming into force of the present Treaty the High Contracting Parties shall renew, in so far as concerns them and under the reserves indicated in the second paragraph of this Article, the conventions and arrangements signed at Berne on October 14, 1890, September 20, 1893, July 16, 1895, June 16, 1898, and September 19, 1906, regarding the transportation of goods by rail.

If within five years from the date of the coming into force of the present Treaty a new convention for the transportation of passengers, luggage and goods by rail shall have been concluded to replace the Berne Convention of October 14, 1890, and the subsequent additions referred to above, this new convention and the supplementary provisions for international transport by rail

which may be based on it shall bind Bulgaria, even if she shall have refused to take part in the preparation of the convention or to subscribe to it. Until a new convention shall have been concluded, Bulgaria shall conform to the provisions of the Berne Convention and the subsequent additions referred to above and to the current supplementary provisions.

            ARTICLE 238.

Bulgaria shall be bound to co-operate in the establishment of

through ticket services (for passengers and their luggage) which shall be required by any of the Allied and Associated Powers to ensure their communication by rail with each other and with all other countries by transit across the territories of Bulgaria; in particular Bulgaria shall, for this purpose, accept trains and carriages coming from the territories of the Allied and Associated Powers and shall forward them with a speed at least equal to that of her best long-distance trains on the same lines. The rates applicable to such through services shall not in any case be higher than the rates collected on Bulgarian internal services for the same distance, under the same conditions of speed and comfort.

               The tariffs applicable under the same conditions of speed and

comfort to the transportation of emigrants going to or coming from ports of the Allied and Associated Powers and using the Bulgarian railways shall not be at a higher kilometric rate than the most favourable tariffs (drawbacks and rebates being taken into account) enjoyed on the said railways by emigrants going to or coming from any other ports.

            ARTICLE 239.

Bulgaria shall not apply specially to such through services or

to the transportation of emigrants going to or coming from ports of the Allied and Associated Powers any technical, fiscal, or administrative measures, such as measures of customs examination, general police, sanitary police, and control, the result of which would be to impede or delay such services.

           ARTICLE 240.

In case of transport partly by rail and partly by internal navigation, with or without through way-bill, the preceding Articles

shall apply to the part of the journey performed by rail.

                                                        CHAPTER 11.
ROLLINGSTOCK.
ARTICLE 241.

Bulgaria undertakes that Bulgarian wagons shall be fitted with apparatus allowing:

(1) of their inclusion in goods trains on the lines of such of the Allied and Associated Powers as are parties to the Berne Convention of May I5, 1886, as modified on May I8, 1907, without hampering the action of the continous brake which may be adopted in such countries within ten years of the coming into for c e of the present Treaty, and

(2) of the inclusion of wagons of such countries in all goods trains on Bulgarian lines.

the rollingstock of the Allied and Associated Powers shall enjoy on the Bulgarian lines the same treatment as Bulgarian rollingstock as regards movement, upkeep and repairs.

CHAPTER III.
TRANSFER OF RAILWAY LINES.
ARTICLE 242.

Subject to any special provisions concerning the transfer of ports, waterways and railways situated in the territory transferred under the present Treaty, and to the financial conditions relating to the concessionnaires and the pensioning of the personnel, the transfer of railways will take place under the following conditions:

(I) The works and installations of all the railroads shall be handed over complete and in good condition.

(2) Commissions of experts designated by the Allied and Associated Powers, on which Bulgaria shall be represented, shall fix the proportion of the stock existing on the system to be handed over. These Commissions shall have regard to the amount of the material registered on these lines in the last inventory before September 29, 1918, to the length of track (sidings included), and the nature and amount of the trafffic. These Com- missions shall also specify the locomotives, carriages and wagons to be handed over in each case; they shall decide upon the conditions of their acceptance, and shall make the provisional arrangements necessary to ensure their repair in Bulgarian workshops.

             (3) Stocks of stores, fittings and plant shall be handed over

under the same conditions as the rollingstock.

           ARTICLE 243

The establishment of all the new frontier stations between

Bulgaria and the contiguous Allied and Associated States, as well as the working of the lines between these stations, shall be settled by agreements concluded between the railway administrations concerned. If the railway administrations are unable to come to an agreement the question shall be decided by Commissions of experts constituted as above.

            CHAPTER IV.
TRANSITORY PROVISIONS.
ARTICLE 244.

Bulgaria shall carry out the instructions in regard to transport

given her by an authorised body acting on behalf of the Allied and Associated Powers:

             (I) for the carriage of troops under the provisions of the

present Treaty, and of material, ammunition and supplies for army use;

             (2) as a temporary measure, for the transportation of supplies

for certain regions, as well as for the restoration, as rapidly as possible, of the normal conditions of transport and for the organisation of postal and telegraphic services.

            SECTION IV.
DISPUTES AND REVISION OF PERMANENT CLAUSES.
ARTICLE 245.

Disputes which may arise between interested States with regard

to the interpretation and application of this Part of the present Treaty shall be settled as provided by the League of Nations.

                                                       ARTICLE 246.

At any time the League of Nations may recommend the revision of such of the above Articles as relate to a permanent administrative regime.

ARTICLE 247.

The stipulations in Articles 212 to 218, 22I, 236, and 238 to 240 shall be subject to revision by the Council of the League of Nations at any time after three years from the coming into force of the present Treaty.

Failing such revision, no Allied or Associated Power can claim after the expiration of the above period of three years the benefit of any of the stipulations in the Articles enumerated above on behalf of any portion of its territories in which reciprocity is not accorded in respect of such stipulations. The period of three years during which reciprocity cannot be demanded may be prolonged by the Council of the League of Nations.

SECTION V.
SPECIAL PROVISION.
ARTICLE 248.

Without prejudice to the special obligations imposed on her by the present Treaty for the benefit of the Allied and Associated Powers, Bulgaria undertakes to adhere to any General Conventions regarding the international regime of transit, waterways, ports or railways which may be concluded by the Allied and Associated Powers, with the approval of the League of Nations, within five years of the coming into force of the present Treaty.

        PART XII.
LABOUR.

See Treaty of VersaiUes, Part XIII, Pages 238-253.

                                                    PART XIII.
                                               MISCELLANEOUS PROVISIONS.
                                                   ARTICLE 290.


                                                           Bulgaria undertakes to recognise and to accept the conventions
                                        made or to be made by the Allied and Associated Powers or any
                                        of them with any other Power as to the traffic in arms and in
                                        spirituous liquors, and also as to the other subjects dealt with in
                                        the General Act of Berlin of February 26, I885, and of Brussels of
                                        July 2, 1890, and the conventions completing or modifying the
                                        same.

ARTICLE 291.

The High Contracting Parties, while they recognise the guar- antees stipulated by the Treaties of 1815, and especially by the Act of November 20, 1815, in favour of Switzerland, the said guarantees constituting international obligations for the maintenance of peace, declare nevertheless that the provisions of these treaties, conventions, declarations and other supplementary Acts concerning the neutralised zone of Savoy, as laid down in paragraph I of Article 92 of the Final Act of the Congress on Vienna and in paragraph 2 of Article 3 of the Treaty of Paris of November 20, 1815, are no longer consistent with present conditions. For this reason the High Contracting Parties take note of the agreement reached between the French Government and the Swiss Government for the abrogation of the stipulations relating to this zone which are and remain abrogated.

The High Contracting Parties also agree that the stipulations of the Treaties of 1815 and of the other supplementary Acts concerning the free zones of Upper Savoy and the Gex district are no longer consistent with present conditions, and that it is for France and Switzerland to come to an agreement together with a view to settling between themselves the status of these territories under such conditions as shall be considered suitable by both countries.

ANNEX.
I.

The Swiss Federal Council has informed the French Government on May 5, 19l9, that after examining the provisions of

Article 435 of the Peace conditions presented to Germany by the Allied and Associated Powers in a like spirit of sincere friendship it has happily reached the conclusion that it was possible to acquiesce in it under the following conditions and reservations:

(I) The neutralised zone of Haute-Savoie:

(a) It will be understood that as long as the Federal Chambers

have not ratified the agreement come to between the two Governments concerning the abrogation of the stipulations in respect of the neutralised zone of Savoy, nothing will be definitively settled, on one side or the other, in regard to this subject.

                 (b) The assent given by the Swiss Government to the abrogation of the above-mentioned stipulations presupposes, in conformity with the text adopted, the recognition of the guarantees

formulated in favour of Switzerland by the Treaties of I8I5 and particularly by the Declaration of November 20, 18I5.

                 (c) The agreement between the Governments of France and

Switzerland for the abrogation of the above-mentioned stipulations will only be considered as valid if the Treaty of Peace contains this Article in its present wording. In addition the Parties to the Treaty of Peace should endeavour to obtain the assent of the signatory Powers of the Treaties of I8I5 and of the Declaration of November 20, I8I5, which are not signatories of the present Treaty of Peace.

(2) Free zone of Haute-Savoie and the district of Gex:

(a) The Federal Council makes the most express reservations

to the interpretation to be given on of any Allied or Associate the last paragraph of the above Article for insertion in the Treaty of Peace, which provides that "the stipulations of the Treaties of 1815 and other supplementary acts concerning the free zones of Haute-Savoie and the Gex district are no longer consistent with present conditions." The Federal Council would not wish that its acceptance of the above wording should lead to the conclusion that it would agree to the suppression of a system intended to give neighbouring territory the benefit of a special regime which is

                                            appropriate to the geographical and economical situation and
                                            which has been well tested.

In the opinion of the Federal Council the question is not the modification of the customs system of the zones as set up by the Treaties mentioned above, but only the regulation in a manner more appropriate to the economic conditions of the present day of the terms of the exchange of goods between the regions in question. The Federal Council has been led to make the preceding observations by the perusal of the draft Convention concerning the future constitution of the zones which was annexed to the note of April 26 from the French Government. While making the above reservations the Federal Council declares its readiness to examine in the most friendly spirit any proposals which the French Government may deem it convenient to make on the subject.

(b) It is conceded that the stipulations of the Treaties of 1815 and other supplementary acts relative to the free zones will remain in force until a new arrangement is come to between France and Switzerland to regulate matters in this territory.

II.

The French Government have addressed to the Swiss Government, on May 18, 19I9, the following note in reply to the communication set out in the preceding paragraph:

In a note dated May 5 the Swiss Legation in Paris was good enough to inform the Government of the French Republic that the Federal Government adhered to the proposed Article to be inserted in the Treaty of Peace between the Allied and Associated Governments and Germany.

The French Government have taken note with much pleasure of the agreement thus reached, and, at their request, the proposed Article, which had been accepted by the Allied and Associated Governments, has been inserted under No. 435 in the Peace conditions presented to the German Plenipotentiaries

The Swiss Government, in their note of May 5 on thls subject have expressed various views and reservations.

Concerning the observations relating to the free zones of Haute-Savoie and the Gex district, the French Government have the honour to observe that the provisions of the last paragraph of Article 435 are so clear that their purport cannot be misapprehended, especially where it implies that no other Power but

France and Switzerland will in future be interested in that question.

               The French Government, on their part, are anxious to protect

the interests of the French territories concerned, and, with that object, having their special situation in view, they bear in mind the desirability of assuring them a suitable customs regime and determining, in a manner better suited to present conditions, the methods of exchanges between these territories and the adjacent Swiss territories, while taking into account reciprocal interests of both regions.

               It is understood that this must in no way prejudice the right of

France to adjust her customs line in this region in conformity with her political frontier, as is done on the other portions of her territorial boundaries, and as was done by Switzerland long ago on her own boundaries in this region.

               The French Government are pleased to note on this subject

in what a friendly disposition the Swiss Government take this opportunity of declaring their willingness to consider any French proposal dealing with the system to be substituted for the present regime of the said free zones, which the French Government intend to formulate in the same friendly spirit.

               Moreover, the French Government have no doubt that the

provisional maintenance of the regime of 18I5 as to the free zones referred to in the above-mentioned paragraph of the note from the Swiss Legation of May 5, whose object is to provide for the passage from the present regime to the conventional regime, will cause no delay whatsoever in the establishment of the new situation which has been found necessary by the two Governments. This remark applies also to the ratification by the Federal Chambers, dealt with in paragraph I (a), of the Swiss note of May 5, under the heading "Neutralised zone of Haute-Savoie."

            ARTICLE 292.

The High Contracting Parties declare and place on record that

they have taken note of the Treaty signed by the Government of the French Republic on July 17, 1918, with His Serene Highness the Prince of Monaco defining the relations between France and the Principality.

           ARTICLE 293.

The High Contracting Parties agree that, in the absence of a

subsequent agreement to the contrary, the Chairman of any

                                             Commission established by the present Treaty shall in the event
                                             of an equality of votes be entitled to a second vote.

ARTICLE 294.

The Allied and Associated Powers agree that where Christian religious missions were being maintained by Bulgarian societies or persons in territory belonging to them, or of which the government is entrusted to them in accordance with the present Treaty, the property which these missions or missionary societies possessed, including that of trading societies whose profits were devoted to the support of missions, shall continue to be devoted to missionary purposes. In order to ensure the due execution of this undertaking the Allied and Associated Governments will hand over such property to boards of trustees appointed by or approved by the Governments and composed of persons holding the faith of the Mission whose property is involved.

The Allied and Associated Governments, while continuing to maintain full control as to the individuals by whom the Missions are conducted, will safeguard the interests of such Missions.

Bulgaria, taking note of the above undertaking, agrees to accept all arrangements made or to be made by the Allied or Associated Government concerned for carrying on the work of the said missions or trading societies and waives all claims on their behalf.

ARTICLE 295.

Without prejudice to the provisions of the present Treaty Bulgaria undertakes not to put forward directly or indirectly against any Allied or Associated Power, signatory of the present Treaty, any pecuniary claim based on events which occurred at any time before the coming into force of the present Treaty.

The present stipulation shall bar completely and finally all claims of this nature, which will be thenceforward extinguished, whoever may be the parties in interest.

ARTICLE 296.

Bulgaria accepts and recognises as valid and binding all decrees and orders concerning Bulgarian ships and Bulgarian goods and all orders relating to the payment of costs made by any Prize

Court of any of the Allied or Associated Powers, and undertakes not to put forward any claim arising out of such decrees or orders on behalf of any Bulgarian national.

                The Allied and Associated Powers reserve the right to examine

in such manner as they may determine all decisions and orders of Bulgarian Prize Courts, whether affecting the property rights of nationals of those Powers or of neutral Powers. Bulgaria agrees to furnish copies of all the documents constituting the record of the cases, including the decisions and orders made, and to accept and give effect to the recommendations made after such examination of the cases.

                With a view to minimising the losses arising from the sinking

of ships and cargoes in the course of the war and to facilitating the recovery of ships and cargoes which can be salved and the adjustment of the private claims arising with regard thereto, the Bulgarian Government undertakes to supply all the information in their power which may be of assistance to the Governments of the Allied and Associated Powers or to their nationals with regard to vessels sunk or damaged by the Bulgarian naval forces during the period of hostilities.

                THE PRESENT TREATY, in French, in English, and in Italian,

shall be ratified. In case of divergence, the French text shall prevail, except in Parts I (Covenant of the League of Nations) and XII (Labour), where the French and English texts shall be of equal force.

                The deposit of ratifications shall be made at Paris as soon as

possible.

                Powers of which the seat of the Government is outside Europe

will be entitled merely to inform the Government of the French Republic through their diplomatic representative at Paris that their ratification has been given; in that case they must transmit the instrument of ratification as soon as possible.

                A first procè-verbal of the deposit of ratifications will be drawn

up as soon as the Treaty has been ratified by Bulgaria on the one hand, and by three of the Principal Allied and Associated Powers on the other hand.

                From the date of this first procè-verbal the Treaty will come

into force between the High Contracting Parties who have ratified it. For the determination of all periods of time provided for in the present Treaty this date will be the date of the coming into force of the Treaty.

                                                             In all other respects the Treaty will enter into force for each
                                             Power at the date of the deposit of its ratification.

The French Government will transmit to all the signatory Powers a certified copy of the procès-verbaux of the deposit of ratifications.

IN FAITH WHEREOF the above-named Plenipotentiaries have signed the present Treaty.

Done at Neuilly-sur-Seine, the twenty-seventh day of November, one thousand nine hundred and nineteen, in a single copy which will remain deposited in the archives of the French Republic, and of which authenticated copies will be transmitted to each of the Signatory Powers.

(L. S.) FRANK L. POLK.
(L. S.) HENRY WHITE.
(1.. S.) TASKER H. BLISS.
(L. S.) CECIL HARMSWORTH.
(L. S.) EYRE A. CROWE.
(L. S.) GEORGE H. PERLEY.
(L. S.) ANDREW FISHER.
(L. S.) THOMAS MACKENZIE
. (L. S.) R. A. BLANKENBERG.
(L. S.) EYRE A. CROWE. (L. S.) G. CLEMENCEAU
. (L. S.) S. PICHON.
(L. S.) L. -L. KLOTZ.
(L. S.) ANDRE TARDIEU.
(L. S.) JULES CAMBON.

(L. S.) GUGLIELMO MARCONI.
(L. S.) G. DE MARTINO.
(L. S.) K. MATSUI.
(L. S.) J. VAN DEN HEUVEL.
(L. S.) ROLIN-JAEQUEMYNS.
(L. S.) VIKYUIN WELLINGTON KOO.

(L. S.) RAFAEL MARTINEZ ORTIZ.
(L. S.) ELEFTHERIOS VENIZELOS.
(L. S.) N. POLITIS.
(L. S.) M. RUSTEM HAIDAR.
(L. S.) AOUNI ABDUL-HADI.

(L. S.) L. GRABSKI
(L- S.) ST. PATEK.
(L- S.) AFFONSO COSTA.
(L. S.) JAYME BATALHA REIS.

(L. S.) NIK. P. PACHITCH.
(L- S.) DR. ANTE TRUMBIC.
(L. S.) DR. IVAN ZOLGER.
(L- S.) CHAROON.
(L. S.) DR. EDVARD BENES.
(L. S.) STEFAN OSUSKY.
(L- S.) AL. STAMBOLIISKI


PROTOCOL.

With a view to indicating precisely the conditions in which

certain provisions of the Treaty of even date are to be carried out, it is agreed by the High Contracting Parties that:

             (I) The list of persons to be handed over to the Allied and

Associated Governments by Bulgaria under the second paragraph of Article 118 shall be communicated to the Bulgarian Government within a month from the coming into force of the Treaty;

             (2) Proceedings will be taken against persons who have committed punishable offences in the liquidation of Bulgarian property, and the Allied and Associated Powers will welcome any information or evidence which the Bulgarian Government can furnish on this subject.

             Done in French, in English and in Italian, of which the French

text shall prevail in case of divergence, at Neuilly-sur-Seine, the twenty-seventh day of November, one thousand nine hundred and nineteen

            FRANK L. POLK.
HENRY WHITE.
TASKER H. BLISS.
CECIL HARMSWORTH.
EYRE A. CROWE.
GEORGE H. PERLEY.
ANDREW FISHER.
THOMAS MACKENZIE
R. A. BLANKENBERG.

EYRE A. CROWE.
G. CLEMENCEAU.
S. PICHON.
L.-L. KLOTZ.
ANDRE TARDIEU.
JULES CAMBON.

GUGLIELMO MARCONI.
G. DE MARTINO.
K. MATSUI.
J. VAN DEN HEUVEL.
ROLIN-JAEQUEMYNS.
VIKYUIN WELLINGTON KOO.

RAFAEL MARTINEZ ORTIZ.
ELEFTHERIOS VENIZELOS.
N. POLITIS.
M. RUSTEM HAIDAR.
AOUNI ABDUL-HADI.
L. GRABSKI
ST. PATEK.
AFFONSO COSTA.
JAYME BATALHA REIS.

NIK. P. PACHITCH.
DR ANTE TRUMBIC.
DR IVAN ZOLGER.
CHAROON.
DR. EDVARD BENES
STEFAN OSUSKY.
AL. STAMBOLIISKI.

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