POLITICAL - LEGAL TREATY, PROVIDED FOR IN ARTICLE XXIX OF THE TREATY OF PEACE BETWEEN ROUMANIA AND THE CENTRAL POWERS. SIGNED AT BUCHAREST, 7 MAY, 1918.


Source:  Source:  United States, Department of State, Texts of the Roumanian "Peace" (Washington, DC: United States Government Printing Office, 1918), pp. 109-131


(Trans1ation.]

In virtue of Article [XXIX] paragraph 2 of the peace treaty between Germany, Austria-Hungary, Bulgaria and Turkey on the one hand, and Roumania on the other hand, the Plenipotentiaries of the German Empire, to wit:

and

as well as the Plenipotentiaries of the Kingdom of Roumania, to wit:

have agreed to settle immediately the re-establishment of public and private legal relations, the compensation for war and civilian damages, the exchange of war prisoners and interned civilians, the granting of amnesties as well as the treatment of river vessels and other agencies of transportation that have come into the power of the opponent, and, to that end, to conclude an additional treaty to the peace treaty. The Plenipotentiaries, after presentation of their full powers, found in good and due form, have agreed upon the following provisions:

FIRST CHAPTER.

RESUMPTION OF DIPLOMATIC AND CONSULAR RELATIONS.

ARTICLE 1.

Upon the resumption of consular relations according to Article II of the peace treaty, each contracting party will admit the consuls of the other party to all places within its territory, in so far as before the war there have not already been exceptions for particular territorial regions, and provided that these exceptions, after the war. will be equally enforced with regard to any third Power.

Each party reserves unto itself the right, for reasons of war necessity, to admit to certain places consuls of the other party only after the conclusion of the general peace.

ARTICLE 2.

Conformably to the provisions of Article 1, there shall be concluded as soon as possible, between the German Empire and Roumania, a consular treaty after the model of consular conventions recently signed between Germany and other States, relative to the admission of consuls, the privileges and immunities of consular officials, as well as concerning the official consular authority.

Up to the time of the conclusion of the consular treaty provided for in paragraph 1, the contracting parties insure unto themselves, under the reservation of reciprocity, treatment of the most favored nation, with regard to the privileges and immunities of the consular officials and official consular authority.

ARTICLE 3.

Bach contracting party will make good all damages sustained by the consular officials of the other party, their consulates, or their movable property, in consequence of acts contrary to the law of nations, and committed within its territory, during the war, by its authorities or by its population. In case of differences of opinion, the determination of such damages should be entrusted to a mixed commission composed of a representative of each party and of a neutral umpire.

SECOND CHAPTER.

WAR DAMAGES.

ARTICLE 4.

Roumania renounces compensation for damages caused within her territory as a result of German military measures, with the inclusion of all requisitions and contributions.

The amounts which Germany has already paid for damages specified under paragraph 1, will be refunded by Roumania, in so far as they have not been compensated for by supplies levied from the resources of the country or paid for in bank notes newly issued by the Banca Generala Romana (an institution issuing bank notes) mentioned under Article 5.

ARTICLE 5.

Within a period of six months after the ratification of the peace treaty the notes issued upon the order of the administration of occupation. by the Banca Generala Romana (an institution issuing bank notes) will be redeemed by Roumania out of her own means with notes of the

National Roumanian Bank or in other legal means of payment, and Roumania will not again put them into circulation, in order that the credits and the deposits with the German Reichsbank for their covering may be liberated. Until the time of their redemption, the notes of the Banca Generala Romana will be recognized as a legal tender; after the ratification of the peace treaty, no further notes of this nature will be issued.

ARTICLE 6.

Roumania will compensate Germans for all damages caused to them within her territory as a result of military measures by one of the belligerent Powers.

The provision of paragraph 1 applies also to damages, sustained by the Germans in their quality as associates, but especially as share-holders, in any enterprizes within Roumanian territory. It does not apply to damages inflicted upon Germans, through military operations, in their quality as members of the German military forces.

ARTICLE 7.

In order to determine the damages to be compensated in accordance with Article 6, a Commission shall meet at Bucharest immediately after the ratification of the peace treaty to be composed of one-third each of representatives of the two parties and neutral members; for the designation of the neutral members, among them the chairman, a request will be addressed to that end to the President of the Swiss Federal Council.

The Commission determines the principles, authoritative for its decisions; it adopts, likewise, the necessary business order for the fulfillment of its tasks and the provisions concerning the procedure to be followed to that end. Its decisions are taken in subcommissions composed each of one representative of the two parties and of one neutral umpire. The amounts determined by the subcommission are payable within one month after such determination.

ARTICLE 8.

Roumania will compensate neutrals for damages which they sustained within her territory as the result of German military measures, which damages must be compensated for according to the general principles of international law.

THIRD CHAPTER.

REESTABLISHMENT OF POLITICAL TREATIES.

ARTICLE 9.

The treaties, conventions, and agreements which were in force between the contracting parties before the declaration of war go again into force after the ratification of the peace treaty and its additional treaties, under reservation of contrary stipulations, on the condition that in so far as they can not be denounced for a definite time, such period of time will be extended to the duration of the war.

ARTICLE 10.

The treaties, conventions, and agreements in which, besides the contracting parties, third Powers take part, go again into force between the two parties, with the reservation of contrary pro-visions of the peace treaty, upon the latter's ratification. Special treaties between the two parties connected with such collective treaties are not affected by the provision of Article 9 concerning the extension of the duration of validity.

ARTICLE 11.

As regards special treaties and collective treaties of a political nature, the contracting parties reserve unto themselves their attitude till after the conclusion of the general peace.

ARTICLE 12.

The contracting parties will conclude as soon as possible, treaties for the settlement of legal relations, especially concerning the extradition of criminals and any other legal redress relative to penal matters.

FOURTH CHAPTER.

REESTABLISHMENT OF PRIVATE RIGHTS.

ARTICLE 13.

All regulations in force within the territory of a contracting party, by which, because of the state of war, the nationals of the other party are subject to special regulations (war laws) with regard to their private rights, become void upon the ratification of the peace treaty.

Juridical persons and societies which have their domicile within the territory of one contracting party, are also regarded as nationals of that contracting party. And, furthermore, juridical persons and societies which have not their domicile within the territory of a contracting party, are to be regarded as on a par with the nationals of said party, in so far as they are subject to the .regulations applying to these nationals.

ARTICLE 14.

Concerning private legal debt relations, which have been affected by laws of war, the following has been agreed upon:

§ 1.

Debt relations will be reestablished, if not otherwise specified in the provisions of Articles 14-18.

§ 2.

The provision of paragraph 1 does not prevent the question as to what influence the circumstances created by the war, especially as to the impossibility of fulfilling obligations brought about by hindrances in transportation or commercial prohibitions, exert upon debt relations, from being decided within the territory of each contracting party according to the laws applicable to all the inhabitants of the country.

In these circumstances, the nationals of one party who have been restricted through measures of the other party may not be treated less favorably than the nationals of the respective State who were restricted through measures of their own party. Even the one whom the war prevented from fulfilling an obligation in due time, shall not be obligated to make compensation for the damages occasioned thereby.

§3.

Pecuniary obligations whose payment could be refused in the course of the war in virtue of war laws, need not be paid before the expiration of three months from the time of the ratification of the peace treaty. They will bear interest at 5 per cent. per annum, from the date originally fixed for payment, during the war and the following three months, regardless of moratoriums; up to the original time of payment, the contractual interest must, in the given case, be paid. As regards drafts or checks, the presentation for payment as well as the establishment of a protest for want of payment must be effected before the expiration of four months after the ratification of the peace treaty, or, in so far as the formality of the action can not be executed within this period in consequence of events of war, then within one month after the removal of the hindrance, or at the latest within one year after the ratification.

§ 4.

For the liquidation of outstanding debts and other private legal obligations, the national recognized associations for the protection of creditors are to be recognized and admitted as reciprocally empowered agents for the prosecution of the claims of natural and juridical persons connected with them.

Immediately after the ratification of the peace treaty, each contracting party will resume payment of its obligations, and especially payment of public obligations, with regard to the nationals of the other party; obligations that become due before the ratification will be paid within the three months after the ratification. These provisions are not applicable to such obligations of a party as have passed into the hands of nationals of the other party only after the signature of the peace treaty.

ARTICLE 16.

Copyrights and industrial patents, concessions, and privileges, as well as similar claims based upon public law, which have been prejudiced by war laws, will be reestablished, in so far as not other-wise stipulated to the contrary in Article 18.

Each contracting party will extend to the nationals of the other party who in consequence of the war have neglected to take the necessary action within a legal period of time for the formality of establishing or maintaining an industrial patent, without prejudice to properly acquired rights of third parties, a period of at least one year after the ratification of the peace treaty in order to enable them to take such action. Industrial patents of the nationals of the one party shall not lapse within the territory of the other party as a result of non-exploitation before the expiration of four years after, the ratification.

ARTICLE 17.

The dates for the expiration of rights shall, within the territory of each contracting party and in respect to the nationals of the other party, not expire earlier than one year after the ratification of the peace treaty, provided that they had not yet lapsed at the outbreak of the war. The same applies to the dates for the presentation of interest certificates and certificates in. profit-sharing as well as to securities redeemed or else become due.

ARTICLE 18.

The activity of the institutions which in virtue of war laws have been entrusted with the super-vision, safeguarding, administration, or liquidation of properties, or with the acceptance of payments shall, without prejudice to the provisions of Articles 19 and 20, be settled in accordance with the following basic rules:

§ 1.

The supervised, safeguarded, or administered properties are, upon the demand of the person entitled thereto, to be released immediately; until the transfer to the person entitled thereto has been effected, the safeguarding of his interests is to be cared for.

§ 2.

The provisions of § I shall not affect properly acquired rights of third parties. Payments and other obligations of a debtor which have been accepted by the institutions mentioned in the beginning of this article or upon their solicitation shall, within the territories of the contracting parties, have the same effect as if the creditor himself had received them.

Private legal measures which have been resorted to by the specified institutions or upon their solicitation or with regard to them are to remain effective for both parties.

§ 3.

Concerning the activity of the institutions mentioned in the beginning of this article, especially concerning receipts and expenditures, information is to be immediately afforded upon the demand of those entitled to it.

Claims for damages on account of the activity of these institutions or on account of actions taken upon their solicitation can be validly presented only in accordance with the provisions of Article 20.

ARTICLE 19.

Parcels of land or rights to a parcel of land, mining privileges as well as rights to the use or exploitation of parcels of land, enterprizes or participation in an enterprize, especially shares which in consequence of war laws have been alienated or forcibly taken from the person entitled thereto, shall be returned to the former owner upon a claim to that end within one year after the ratification of the peace treaty by deducting any profit that may have accrued to him as a result of the said alienation or subtraction, exempt from all rights established in the interval by third parties.

FIFTH CHAPTER.

COMPENSATION FOR CIVIL LOSSES.

ARTICLE 20.

The national of a contracting party who within the territory of the other party, in virtue of war laws through the temporary or permanent subtraction of copyrights, industrial patents, concessions, privileges, and similar claims, or through the supervision, safeguarding, administration, or alienation of properties, is to be compensated in adequate manner by the said party in so far as the loss can.not be made good by restoration to the former condition.

ARTICLE 21.

Each contracting party will compensate the civilian nationals of the other party for the losses which have been occasioned to them, in body, health, or property, within its territory during the war or immediately before its outbreak by the local public organs or by the population contrary to the principles of international law. This provision applies likewise to the losses which the nationals of both parties have suffered as associates, especially as shareholders in enterprizes within the territory of the other party.

ARTICLE 22.

Damages to be compensated for in accordance with Articles 20 and 21 will be appraised by the Commission designated under Article 7 on the basis of the principles therein defined and the amounts to be paid within one month after their determination.

ARTICLE 23.

Each contracting party will pay immediatelv for the objects which it or its alli~s requisitioned within the territory of the nationals of the other party, in so far as such payment has not yet been effected.

ARTICLE 24.

Germans who before the outbreak of the war were employed in the public service of Roumania, of whatever nature, and who have been discharged from such service because of their quality as enemy aliens, must, upon their request, be reinstated with the same rank and the same salaries, or, in so far as this can not be done, indemnified in an equitable manner.

SIXTH CHAPTER.

EXCHANGE OF WAR PRISONERS AND INTERNED CIVILIANS.

ARTICLE 25.

Concerning the exchange of prisoners of the two parties, the following provisions are adopted:

§1.

The prisoners of war of both parties will be released into their homeland, in so far as they do not, with the consent of the capturing State, desire to remain within the latter's territory or betake themselves into another country.

The exchange of prisoners unfit for service which is already under way will be carried out with all possible dispatch. The exchange of the remaining prisoners of war takes place as soon as possible within definite periods of time still to be agreed upon.

§2.

Upon their release the war prisoners receive the private property taken from them by the authorities of the capturing State, as well as the part of their earnings not yet paid or credited to them; this obligation does not refer to written documents of military contents.

§ 3.

The expenses incurred by each party for the prisoners of war belonging to the other party will be computed in such a manner that for the period extending from 1 April, 1918, the average rate in Germany will be 2000 M for each war prisoner with the rank of officer, and 1000 M for any other war prisoner; in Roumania it will be 2500 Lei for each war prisoner with the rank of officer, and 1250 Lei for any other war prisoner; for the period beginning 1 April, 1918, a daily additional sum will be allowed: in Germany of 4 and 2 M, in Roumania of 5 and 2.50 Lei. Payment is made in the currency of the capturing State and in partial amounts for each 10,000 war prisoners, and effected each time within one week after their release.

The expenses incurred for prisoners who died in captivity or were released before 1 March, 1918, will, be computed separately on the basis of one-half of the rates indicated under § 1. Payment is made immediately after the presentation and approval of the accounts, under reservation, as the case may be, of the cases still to be examined.

The expenses for the repatriation of the prisoners to the frontier of their home State will be borne by the latter.

§ 4.

A Commission to be composed of three representatives each of the two parties will meet at Bucharest immediately after the ratification of the peace treaty in order to determine the details of the periods of time foreseen in § 1, paragraph 2, sentence 2, as well as the manner and method of repatriation, and to supervise the execution of the agreements adopted.

ARTICLE 26.

Concerning the return home of civilians of the two parties, the following provisions are adopted:

§1.

The interned or deported civilian nationals of both parties will be conveyed home as soon as possible and without expense, in so far as they do not desire, with the consent of the State where they sojourn, to remain within the latter's territory or betake themselves into another country.

The Commission referred to in Article 25, § 4, shall settle the details of the repatriation and supervise the execution of the agreements reached.

§ 2.

The nationals of a party who at the outbreak of the war had their domicile or an industrial or commercial occupation within the territory of the other party and who do not reside within such territory, may return thither, as soon as the other party is no longer in a state of war. Such return may be refused only for reasons of the internal or external security of the State.

Sufficient proof of this will be a passport issued by the authorities of the home State, showing that the holder thereof belongs to the persons specified in §1; the passport does not require a visé.

ARTICLE 27.

The nationals of each contracting party shall, within the territory of the other party and for the time during which their industrial or commercial enterprises or any other of their industrial activity has ceased, because of the war, not be subject to any kind of assessments, levies, taxes, or dues for the industrial or commercial enterprize or the other industrial activity. Amounts which, in consequence, are not owed, but have already been levied, shall be reimbursed within six months after the ratification of the peace treaty.

The provisions of paragraph are applicable to commercial and other industrial companies in which nationals of the one party are interested as associates, shareholders, or in any other manner, and whose operation within the territory of the other party has ceased in consequence of the war.

ARTICLE 28.

Each contracting party obligates itself to respect and to care for within its territory, the graves of those belonging to the army as well as of other nationals of the other party who died during their internment or deportation; persons authorized by this party may also, in agreement with the national authorities, tend to the care and proper adornment of the graves. The settlement of particular questions connected with the care of the graves is reserved for subsequent agreements.

SEVENTH CHAPTER.

CARE OF THE REPATRIATED.

ARTICLE 29.

The nationals of each contracting party originating from the territory of the other party shall, during a period of ten years after the ratification of the peace treaty, be free, in agreement with the authorities of this party, to return to the land of their origin.

Upon demand, persons entitled to repatriation, shall receive their release from the State in which they had been held up to that time. Nor shall their written or verbal intercourse with the diplomatic and consular representatives of their land of origin be hindered or made difficult in any way whatever.

ARTICLE 30.

For wrongs occasioned them during the war on account of their origin, the repatriated shall receive from the State of their sojourn fair indemnification, and shall suffer no prejudice whatever in respect to property rights through the execution of the right of repatriation. They shall be entitled to liquidate their property and to take away with them the amount realized as well as other movable goods; furthermore, they may by an advance notice of six months break their leasing contracts, without the lessor being entitled to claim compensation for damages on account of the premature dissolution of the leasing contract.

EIGHTH CHAPTER.

AMNESTY

ARTICLE 31.

Each contracting party grants to the nationals of the other party immunity from penalty in accordance with the following provisions:

§1.

Each party grants complete immunity from penalty to the war prisoners belonging to the other party for all acts committed by them punishable by the courts or in virtue of disciplinary measures.

§ 2

Each party grants complete immunity from penalty to the civilians belonging to the other p arty, who during the war have been interned or deported, for acts committed during their internment or deportation punishable by the courts or in virtue of disciplinary measures.

§ 3.

Each party grants complete immunity from penalty to all nationals of the other p arty for the acts committed in favor of this party and for infractions against the exceptional laws decreed to the detriment of enemy aliens.

§ 4.

The immunity from penalty foreseen in §§ 1 to 3 does not extend to acts committed after the ratification of the peace treaty.

ARTICLE 32.

The contracting parties grant to their own nationals immunity from penalty in accordance with the following provisions:

§ 1.

Each party grants complete immunity from penalty to those belonging to its armed forces with regard to work which they performed as war prisoners of the other party. The same applies to the work performed by the civilians of both parties during their internment or deportation.

§ 2.

Roumania grants complete immunity from penalty to her nationals for their military conduct due to political reasons during the time of the war.

ARTICLE 33.

In so far as according to the provisions of Articles 31 and 32 immunity from penalty is granted, no new penal proceedings will be instituted, the pending penal proceedings being discontinued and the penalties imposed not carried out.

Prisoners of war who are under preliminary arrest or in prison for military or State treason, for premeditated murder, robbery, predatory extortion, premeditated arson or crime against morality, can be detained up to the time of their release which shall coincide as far as possible with the first exchange of those unfit for military service. Germany reserves unto herself the right, up to the time of the conclusion of the peace treaty, to take such measures against persons to whom she grants immunity from penalty as are m the interest of her military security.

Nor may other prejudices be decreed either against persons to whom immunity from penalty is granted or against their families; in so far as this may already have been done, such persons are to be restored to their former status.

NINTH CHAPTER.

TREATMENT OF RIVER BOATS AND OTHER MEANS OF TRANSPORTATION THAT HAVE COME INTO THE POWER OF THE OPPONENT.

ARTICLE 34.

River boats that are in the possession of the nationals of a contracting party and pass into the power of the other party are to be returned, or, in so far as they no longer exist, are to be compensated for in money; for the time from the subtraction of the transport up to the time of its return or indemnification, compensation is to be granted.

Tue provisions of paragraph 1 are also applicable to the national river boats of a party serving for the transportation of goods which at the outbreak of the war were within the territory of the other party, as well as to river boats directly or indirectly leased for such transportation by a party or its nationals.

The cost incurred for raising and reconditioning of sunken river boats specified in paragraphs 1 and 2 are to be borne by the party in whose interest the sinking took place

ARTICLE 35.

Merchant ships of a contracting party which at the outbreak of the war were in a port of the other party, together with cargoes, shall be treated in accordance with the provisions foreseen in Article 34 anent river boats.

ARTICLE 36.

Railway material that is now in the possession of a contracting party or of its nationals which at the outbreak of the war was within the territory of the other party, shall be returned undamaged, or, insofar as this is not possible, be compensated for in money; for the time of the subtraction of the material up to the return or indemnification of it, compensation is to be granted.

ARTICLE 37.

Immediately after the ratification of the peace treaty and for the execution of the provisions contained in Articles 34 to 36 there shall meet a Commission in Bucharest, consisting of one representative each of the two parties and a neutral umpire; for the designation of the umpire, a request to that end will be addressed to the President of the Swiss Federal Council.

It will devolve especially upon the Commission to decide in each case if the previous conditions exist required for restitution of transportation material, the refunding of an amount equal to its value for the payment of an indemnity, and to determine the sum of the amounts to be paid and this in the currency of the receiving State. Within one month after the determination, the amounts are to be placed at the disposal of the Government of this State for the account of those entitled thereto.

TENTH CHAPTER.

GERMAN PARISHES AND SCHOOLS.

ARTICLE 38.

The German parishes and the German schools in Roumania shall be recognized as rightfully existing there and entitled to prosecute their rights before the courts; they may also acquire real estate to the extent necessary for their purposes.

ARTICLE 39.

The parishes and schools indicated in Article 38 shall retain all rights that were granted them before the war on the part of Roumania nor will they be less well treated than Roumanian institutions, in the field of taxes.

Without prejudice to the national supervision exercised by Roumania, the parishes and the schools shall have the right independently to regulate their administration as well as the appointment of their ecclesiastics, school directors, and teaching personnel, and that regard1ess of the sovereignty of the State: the schools sha1l likewise have the right to determine, as they see fit, the language to be used in instructing, the program of studies, and any other scholastic arrangements.

ARTICLE 40.

All rights and privileges that shall be granted to any third Power or to its nationals with regard to the organization, maintenance, and taxing of parishes, schools, or educational institutions belong, without any formality, to Germany and her nationals. In this respect, the privileges accorded to one faith will equally accrue to any other faith.

ARTICLE 41.

Roumania obligates herself to restore to the German parishes and the German schools property taken from them, or, in so far as this is not possible, to make compensation. Any other losses occasioned to them through the war, must also be compensated for in the same measure as those sustained by Germans.

ELEVENTH CHAPTER.

GUARANTEE FOR THE FINANCIAL OBLIGATIONS OF ROUMANIA.

ARTICLE 42.

With the approva1 of the National Roumanian Bank, Roumania agrees that as a security for the public debt of Roumania in its dealings with nationals of Germany, the credits and deposits of the National Roumanian Bank with the German Reichsbank shall remain there for a period of five years, to the end that the stipulations which were made during the compulsory administration be maintained and that the demands for indemnity be not allowed; and, in case Roumania is belated in paying the amount due, then for a period of ten years, and that in case of need, these credits and funds may also be used to redeem interest certificates and other repurchased obligations.

ARTICLE 43.

Within four weeks after the signature of the peace treaty, representatives of the contracting parties' will meet in Berlin to reach more detailed agreements regarding the execution and the further guarantee of the financial obligations of Roumania.

TWELFTH CHAPTER.

FINAL PROVISIONS.

ARTICLE 44.

This additional treaty which forms an essential part of the peace treaty shall be ratified and the ratification documents shall be simultaneously exchanged with the ratification documents of the peace treaty.

ARTICLE 45.

In so far as it is not stipulated to the contrary, the additional treaty goes into force simultaneously with the peace treaty.

In order to complete the additional treaty, especially with regard to the conclusion of the further agreements therein reserved, representatives of the contracting parties will meet in Berlin four months after the ratification. At the same time the application of the provisions of the additional treaty to the German protectorates shall be regulated.

.

In witness whereof the Plenipotentiaries have signed this additional treaty and affixed to it their official seals.

Done in duplicate original in Bucharest, 7 May, 1918.


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