US Peace Treaty with Germany
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The Treaties of Peace Between the United States and Germany, Austria and Hungary Respectively, 1921
(from: The Treaties of Peace 1919-1923, Vol. II, Carnegie Endowment for International Peace, New York, 1924.)
TREATY OF PEACE WITH GERMANY
A TREATY BETWEEN THE UNITED STATES AND GERMANY, SIGNED ON AUGUST 25, 1921, TO RESTORE FRIENDLY RELATIONS EXISTING BETWEEN THE TWO NATIONS PRIOR TO THE OUTBREAK OF WAR
GERMANY AND THE UNITED STATES OF AMERICA
Considering that the United States, acting in conjunction
with its co-belligerents, entered into an Armistice with Germany on November 1l, 1918, in order that a Treaty of Peace might be concluded;
Considering that the Treaty of Versailles was signed on
June 28, 1919, and came into force according to the terms of its Article 440, but has not been ratified by the United States;
Considering that the Congress of the United States passed a
Joint Resolution, approved by the President July 2, 1921, which reads in part as follows:
"Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the state
of war declared to exist between the Imperial German Government and the United States of America by the joint resolution
of Congress approved April 6, 1917, is hereby declared at an end.
"Sec. 2. That in making this declaration, and as a part of it,
there are expressly reserved to the United States of America and
its nationals any and all rights, privileges, indemnities, reparations, or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the
armistice signed November 11, 1918, or any extensions or modifications thereof; or which were acquired by or are in the possession of the United States of America by reason of its participation
in the war or to which its nationals have thereby become rightfully entitled; or which, under the Treaty of Versailles, have been
stipulated for its or their benefit; or to which it is entitled as one
of the principal Allied and Associated powers; or to which it is
entitled by virtue of any Act or Acts of Congress; or otherwise.
"Sec. 5. All property of the Imperial German Government, or its successor or successors, and of all German nationals, which was, on April 6, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or of any of its officers, agents, or employees, from any source or by any agency whatsoever, and all property of the Imperial and Royal Austro-Hungarian Government, or its successor or successors, and of all Austro-Hungarian nationals which was on December 7, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or any of its officers, agents, or employees, from any source or by any agency whatsoever, shall be retained by the United States of America and no disposition thereof made, except as shall have been heretofore or specifically hereafter shall be provided by law until such time as the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively made suitable provision for the satisfaction of all claims against said Governments respectively of all persons, wheresoever domiciled, who owe permanent allegiance to the United States of America and who have suffered through the acts of the Imperial German Government, or it-[sic] agents, or the Imperial and Royal Austro-Hungarian Governs[sic] ment, or its agents, since July 31, 1914, loss, damage, or injury to their persons or property, directly or indirectly, whether through the ownership of shares of stock in German, Austro-Hungarian, American, or other corporations, or in consequence of hostilities or of any operations of war, or otherwise, and also shall have granted to persons owing permanent allegiance to the United States of America most-favored-nation treatment, whether the same be national or otherwise, in all matters affecting residence, business, profession, trade, navigation, commerce and industrial property rights, and until the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively confirmed to the United States of America all fines, forfeitures penalties, and seizures imposed or made by the United States of America during the war, whether in respect to the property of the Imperial German Government or German nationals or the Imperial and Royal Austro-Hungarian Government or Austro-Hungarian nationals, and shall have waived any and all pecuniary claims against the United States of America."
Being desirous of restoring the friendly relations existing between the two nations prior to the outbreak of war;
Have for that purpose appointed their plenipotentiaries:
The President of the German Empire, Dr. FRIEDRICH ROSEN,
Minister for Foreign Affairs, and the President of the United
States of America; ELLIS LORING DRESEL, Commissioner of the
United States of America to Germany;
Who, having communicated their full powers, found to be in good and due form, have agreed as follows:
Germany undertakes to accord to the United States, and the
United States shall have and enjoy, all the rights, privileges, indemnities, reparations or advantages specified in the aforesaid Joint Resolution of the Congress of the United States of July 2,
1921, including all the rights and advantages stipulated for the
benefit of the United States in the Treaty of Versailles which the
United States shall fully enjoy notwithstanding the fact that such
Treaty has not been ratified by the United States.
With a view to defining more particularly the obligations of
Germany under the foregoing Article with respect to certain
provisions in the Treaty of Versailes, it is understood and agreed
between the High Contracting Parties:
(I) That the rights and advantages stipulated in that Treaty for the benefit of the United States, which it is intended the United States shall have and enjoy, are those defined in Section I, of Part IV, and Parts V, VI, VIII, IX, X, XI, XII, XIV and XV.
The United States in availing itself of the rights and advantages stipulated in the provisions of that Treaty mentioned in this
paragraph will do so in a manner consistent with the rights accorded to Germany under such provisions.
(2) That the United States shall not be bound by the provisions of Part I of that Treaty, nor by any provisions of that
Treaty including those mentioned in paragraph (I) of this Article,
which relate to the Covenant of the League of Nations, nor shall
the United States be bound by any action taken by the League of
Nations, or by the Council or by the Assembly thereof, unless the
United States shall expressly give its assent to such action.
(3) That the United States assumes no obligations under
or with respect to the provisions of Part II, Part III, Sections 2 to 8 inclusive of Part IV, and Part XIII of that Treaty.
(4) That, while the United States is privileged to participate
in the Reparation Commission, according to the terms of Part
VIII of that Treaty, and in any other Commission established
under the Treaty or under any agreement supplemental thereto,
the United States is not bound to participate in any such commission unless it shall elect to do so.
(5) That the periods of time to which reference is made in
Article 440 of the Treaty of Versailles shall run, with respect to
any act or election on the part of the United States, from the date
of the coming into force of the present Treaty.
ARTICLE I I I
The present Treaty shall be ratified in accordance with the
constitutional forms of the High Contracting Parties and shall
take effect immediately on the exchange of ratifications which
shall take place as soon as possible at Berlin.
IN WITNESS WHEREOF, the respective plenipotentiaries have
signed this Treaty and have hereunto affixed their seals.
Done in duplicate in Berlin this twenty-fifth day of August, 1921.
[SEAL.] ELLIS LORING DRESEL.
By a proclamation of the President signed November 14, 1921, war between the United States and Germany was declared to have terminated July 2, 1921.