462.11 W 892/35: Telegram

The Secretary of State to the Ambassador in Germany ( Houghton )

87. See Department’s No. 86, June 21, 6 p.m. The following is the draft agreement therein referred to which you will lay before the Foreign Office for its consideration:

“The United States of America and Germany, being desirous of determining the amount to be paid by Germany in satisfaction of [Page 247] Germany’s financial obligations under the Treaty concluded by the two Governments on August 25, 1921, which secures to the United States and its nationals rights specified under a Resolution of the Congress of the United States of July 2, 1921,95 including rights under the Treaty of Versailles, have resolved to submit the questions for decision to a Mixed Commission and have appointed as their Plenipotentiaries for the purpose of concluding the following agreement:

The President of the United States of America . . . . . . .;

and

The President of the German Empire . . . . . . .;

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

Article I

The Commission shall pass upon the following categories of claims which are more particularly defined in the Treaty of August 25, 1921, and in the Treaty of Versailles;

(1)
Claims of American citizens, arising since July 31, 1914, in respect of damage to, or seizure of, their property, rights and interests, including any company or association in which they are interested, within German territory as it existed on August 1, 1914;
(2)
Other claims for loss or damage to which the United States or its nationals have been subjected with respect to injuries to persons, or to property, rights and interests, including any company or association in which American nationals are interested, since July 31, 1914, as a consequence of the war;
(3)
Debts owing to American citizens by the German Government or by German nationals.

Article II

The Government of the United States and the Government of Germany shall each appoint one Commissioner. The President of the United States shall appoint an Umpire to decide upon any cases concerning which the Commissioners may disagree, or upon any points of difference that may arise in the course of their proceedings. Should the Umpire or any of the Commissioners die or retire, or be unable for any reason to discharge his functions, the same procedure shall be followed for filling the vacancy as was followed in appointing him.

Article III

The Commissioners shall meet at Washington within two months after the coming into force of the present Agreement. They may fix the time and the place of their subsequent meetings according to convenience.

Article IV

The Commissioners shall keep an accurate record of the questions and cases submitted and correct minutes of their proceedings. To [Page 248] this end each of the Governments may appoint a Secretary, and these Secretaries shall act together as joint Secretaries of the Commission and shall be subject to its direction.

The Commission may also appoint and employ any other necessary officer or officers to assist in the performance of its duties. The compensation to be paid to any such officer or officers shall be subject to the approval of the two Governments.

Article V

Each Government shall pay its own expenses, including compensation of its own Commissioner, Agent or Counsel. All other expenses which by their nature are a charge on both Governments, including the honorarium of the Umpire, shall be borne by the two Governments in equal moieties.

Article VI

The two Governments may designate agents and counsel who may present oral or written arguments to the Commission.

The Commission shall receive and consider all written statements or documents which may be presented to it by or on behalf of the respective Governments in support of or in answer to any claim.

The decisions of the Commission and those of the Umpire (in case there may be any) shall be accepted as final and binding upon the two Governments.

Article VII

The present Agreement shall come into force on the date of its signature.

In faith whereof, the above named Plenipotentiaries have signed the present Agreement.

Done in duplicate at . . . . . . this . . . . . day of . . . . . . . 1922.”

Hughes