Difference between revisions of "Section III - SECTION IV., PROPERTY, RIGHTS AND INTERESTS: ARTICLES 177 - Conclusion"
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<h2><b>Treaty of Peace Between the Allied and Associated Powers and Bulgaria, and Protocol and Declaration signed at Neuilly-sur-Seine, <br>27 November 1919</b></h2
<h2><b>Treaty of Peace Between the Allied and Associated Powers and Bulgaria, and Protocol and Declaration signed at Neuilly-sur-Seine, <br>27 November 1919</b></h2>
Go to Map of the Treaty Areas of [http://wwi.lib.byu.edu/images/c/cc/Neuilly.gif Neuilly-sur-Seine]
Go to Map of the Treaty Areas of [http://wwi.lib.byu.edu/images/c/cc/Neuilly.gif Neuilly-sur-Seine]<br><br>
Go to '''[[Section I - ARTICLES 1 - 120]]'''<br>
Go to '''[[Section I - ARTICLES 1 - 120]]'''<br>
Latest revision as of 16:29, 27 August 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 Neuilly-sur-Seine
(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.
PROPERTY, RIGHTS AND INTERESTS.
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
(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
(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
(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.
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.
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
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
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.
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
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.
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.
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
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).
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.
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.
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
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.
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.
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.
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
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.
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).
CONTRACTS, PRESCRIPTIONS, JUDGMENTS.
(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.
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.
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.
(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.
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.
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
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
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.
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
I. General Provisions.
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.
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
(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.
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.
(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,
(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
(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
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
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
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
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.
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.
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.
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
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.
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.
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
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.
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
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
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.
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.
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.
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
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
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
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.
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.
Re-insurance of life risks effected by particular contracts and
not under any general treaty remain in force.
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.
The provisions of paragraphs 17 and 18 and the last part of
paragraph 16 shall apply to contracts for the re-insurance of
MIXED ARBITRAL TRIBUNAL.
(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.
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.
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.
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.
The Tribunal shall keep record of the questions and cases submitted and the proceedings thereon, with the dates of such
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.
The Tribunal shall decide all questions and matters submitted
upon such evidence and information as may be furnished by the
Bulgaria agrees to give the Tribunal all facilities and information required by it for carrying out its investigations.
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.
The place and time for the meetings of each Tribunal shall be
determined by the President of the Tribunal.
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.
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
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
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).
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.
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.
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.
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
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.
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.
SPECIAL PROVISIONS RELATING TO TRANSFERRED TERRITORY.
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."
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.
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.
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
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."
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.
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
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
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.
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.
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
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.
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.
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.
As regards internal commercial air traffic the aircraft of the
Allied and Associated Powers shall enjoy in Bulgaria most
favoured nation treatment.
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
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.
PORTS, WATERWAYS AND RAILWAYS
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
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,
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
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.
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.
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.
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.
FREEDOM OF NAVIGATION.
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
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.
CLAUSES RELATING TO THE DANUBE.
(I) General Clauses relating to River Systems declared International.
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
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.
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.
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.
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.
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.
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.
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.
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
Appeal to the tribunal of the League of Nations does not
require the suspension of the works.
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
Bulgaria undertakes, in accordance with the provisions of
Article 248, to adhere to the said General Convention.
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
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.
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.
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.
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
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.
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
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.
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.
CLAUSES RELATING TO INTERNATIONAL TRANSPORT.
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
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.
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.
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.
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.
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.
Bulgaria undertakes that Bulgarian wagons shall be fitted with
(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.
TRANSFER OF RAILWAY LINES.
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
(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.
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.
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
(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.
DISPUTES AND REVISION OF PERMANENT
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.
At any time the League of Nations may recommend the revision of such of the above Articles as relate to a permanent administrative regime.
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.
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.
See Treaty of VersaiUes, Part XIII, Pages 238-253.
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.
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
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
(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.
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
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
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."
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 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.
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
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.
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
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
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
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
FRANK L. POLK.
TASKER H. BLISS.
EYRE A. CROWE.
GEORGE H. PERLEY.
R. A. BLANKENBERG.
EYRE A. CROWE.
G. DE MARTINO.
J. VAN DEN HEUVEL.
VIKYUIN WELLINGTON KOO.
RAFAEL MARTINEZ ORTIZ.
M. RUSTEM HAIDAR.
JAYME BATALHA REIS.
NIK. P. PACHITCH.
DR ANTE TRUMBIC.
DR IVAN ZOLGER.
DR. EDVARD BENES