Chapter IV.—Treatment of nationals of Allied and Associated Powers (Art. 276 à 279)

Article 276.

Germany undertakes:

(a)

Not to subject the nationals of the Allied and Associated Powers to any prohibition in regard to the exercise of occupations, professions, trade and industry, which shall not be equally applicable to all aliens without exception;

(b)

Not to subject the nationals of the Allied and Associated Powers in regard to the rights referred to in paragraph (a) to any regulation or restriction which might contravene directly or indirectly the stipulations of the said paragraph, or which shall be other or more disadvantageous than those which are applicable to nationals of the most favoured nation;

(c)

Not to subject the nationals of the Allied and Associated Powers, their property, rights or interests, including companies and associations in which they are interested, to any charge, tax or impost, direct or indirect, other or higher than those which are or may be imposed on her own nationals or their property, rights or interests;

(d)

Not to subject the nationals of any one of the Allied and Associated Powers to any restriction which was not applicable on July 1, 1914, to the nationals of such Powers unless such restriction is likewise imposed on her own nationals.

Note to X, 276

The time limitation placed on this article by article 280 was not removed by the Council of the League of Nations.

For the inapplication to Siam of this article and articles 277 and 279 of this chapter, see note under article 137.

Article 277.

The nationals of the Allied and Associated Powers shall enjoy in German territory a constant protection for their persons and for their property, rights and interests, and shall have free access to the courts of law.

Article 278.

Germany undertakes to recognise any new nationality which has been or may be acquired by her nationals under the laws of the Allied and Associated Powers and in accordance with the decisions of the competent authorities of these Powers pursuant to naturalisation laws or under treaty stipulations, and to regard such persons as having, in consequence of the acquisition of such new nationality, in all respects severed their allegiance to their country of origin.

Note to X, 278

This provision, intended to correct a practice of pre-war Germany, did not accomplish that purpose. The subversive activities conducted abroad under the National Socialist regime in numerous instances were in contravention of the principle stated in this article.

Article 279.

The Allied and Associated Powers may appoint consuls-general, consuls, vice-consuls, and consular agents in German towns and ports. Germany undertakes to approve the designation of the consuls-general, consuls, vice-consuls, and consular agents, whose names shall be notified to her, and to admit them to the exercise of their functions in conformity with the usual rules and customs.

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Note to X, 279

By article 279 the Allies claimed the right to appoint consular officers in all German localities without consulting the German Government (Foreign Relations, The Paris Peace Conference, 1919, vi, 884). Germany declined to accept this “far-reaching innovation” except on the basis of reciprocity (ibid., p. 977). The Allies replied that the unilateral character of the article resulted from “the political activities of German consuls and from the acts committed by the Germans in the territories of certain Allied and Associated Powers”. Article 289 would permit Germany to renew consular relations with individual Allied and Associated Powers.